PUSHPAKANTA Vs. SHRI KRISHNA KUMAR

JUDGEMENT

(1.) These writ petitions have been filed by the petitioner-applicant challenging the order dtd. 13/7/2023 passed by the trial court whereby the application filed on behalf of the petitioner-applicant under Order 22, Rule 10, Order 1, Rule 10 read with sec. 151 CPC was dismissed.

(2.) Brief facts of the case are that the respondents-plaintiffs filed a suit for partition against the petitioner-applicant. During pendency of the said suit proceedings the defendant No.1- (Rameshwari Devi) died and after her death the legal representatives of the defendant No.1 (Rameshwari Devi) were taken on record by the trial court vide its order dtd. 22/10/2018 and husband of the petitioner was also taken on record as legal representative of the deceased-defendant No.1 (Rameshwari Devi). After one year of death of the deceased-defendant No.1 (Rameshwari Devi) the petitioner-applicant filed an application under Order 22, Rule 10, Order 1, Rule 10 read with Sec. 151 CPC which was dismissed by the trial court. Hence, these writ petitions have been filed by the petitioner-applicant challenging the order dtd. 13/7/2023 passed by the trial court.

(3.) Counsel for the petitioner-applicant submits that the trial court has committed serious illegality in dismissing the application filed on behalf of the petitioner-applicant and she is a legal representative of the deceased-defendant No.1 (Rameshwari Devi) as the deceased-defendant No.1 (Rameshwari Devi) executed a 'Will' in her favour. Counsel further submits that the trial court should have made enquiry in view of the provisions of Order 22, Rule 5 of CPC, therefore, the petitioner-applicant is necessary to be imleaded as legal representative of the deceased-defendant No.1 (Rameshwari Devi).