SHER SINGH Vs. LRS. OF SMT. VEERENDRA KUMARIS

JUDGEMENT

(1.) This writ petition has been filed by the petitioners questioning the validity of order dated 29.09.2014 passed by Additional District Judge No.6, Jodhpur ('the trial court'), whereby, the application filed by Akshaya (applicant) under Order 22, Rule 3 CPC has been allowed and the application filed by the petitioner purportedly under Order 22, Rule 10A CPC has been rejected.

(2.) The suit was filed by Smt. Veerendra Kumari W/o. Late Thakur Jitendra Singh for possession, compensation and permanent injunction against the defendants Smt. Annapurna & Ors. During the pendency of the suit, the plaintiff Smt. Veerendra Kumari died and the application under Order 22, Rule 3 CPC was filed by Akshaya S/o. Late Thakur Jitendra Singh. In the application, it was claimed that the applicant was adopted son of Smt. Veerendra Kumari; the adoption deed was a registered document; Veerendra Kumari had executed a Will also in his favour, therefore, right to sue survives to the applicant and he may be impleaded as legal representative of the deceased sole-plaintiff Smt. Veerendra Kumari.

(3.) The application was opposed by the petitioner herein, whereby, the application under Order 22, Rule 10A CPC was filed indicating the death of the plaintiff and that the suit stands abated. Reply to the application under Order 22, Rule 3 CPC was also filed and the fact of adoption, right of Veerendra Kumari to execute a Will, and the validity of the Will itself were questioned.