SIDDHARTH JAIN Vs. VIDHYA DEVI

JUDGEMENT

(1.) This revision petition is directed against the order dtd. 16/2/2023 passed by the learned Additional District Judge No.3, Ajmer (for brevity "the learned trial Court") in Civil Suit No.69/2022 whereby, an application filed by the petitioner/defendant (for brevity "the defendant") under Order7 Rule 11 read with Sec. 151 CPC, has been dismissed.

(2.) The relevant facts in brief are that the respondent No.1/plaintiff (for brevity "the plaintiff") filed a suit against the defendant and the proforma respondent No.2/defendant No.2 stating therein that her brother Shri Padamchand Jain expired intestate on 25/9/2019. It was averred that his wife pre- deceased him and she was his only legal heir under Sec. 8 of the Hindu Succession Act, 1956 (for short "the Act of 1956"). Alleging that the defendant having received the entire amount of fixed deposit of Shri Padamchand Jain being his nominee, was not refunding the same to her, the only legal heir entitled, the suit was filed. Therein, an application filed by the defendant under Order 7, Rule 11 read with Sec. 151 CPC has been dismissed by the learned trial Court vide order impugned dtd. 16/2/2023.

(3.) Assailing the order, learned counsel for the petitioner submits that Shri Padamchand Jain did not die intestate and has, as a matter of fact, executed a will dtd. 25/9/2019 in his favour. He submits therefore, the suit filed under Sec. 8 of the Act of 1956 was not maintainable and the plaint deserved to be rejected under Order 7, Rule 11 CPC. He, therefore, prays that revision petition be allowed, the order dtd. 16/2/2023 be quashed and set aside and the plaint be rejected.