SATYAWATIS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Revision Petition has been filed against the order of Shir Salig Ram Chouhan, District Judge, Balotra dated March 05, 1993 by which he was dismissed two applications of the petitioners, one moved under Order 22 Rule 3, C. P. C, and another under Order 1 Rule 10, C. P. C.

(2.) THE facts of the case giving rise to this Revision Petition may be summarised thus. THE petitioner Satyawati filed a petition under Section 276, Indian Succession Act (hereinafter to be called 'the Act') for the grant of probate in respect of the will Ex.-1 dated April 06, 1987 executed by Smt. Champa Devi in her favour.- She impleaded State of Rajasthan and Jugal Kishore, Nawal Kishore and Vimal Kishore, sons of Devi Sahaya, as non- petitioners. THE non-petitioners filed their written replies, seriously opposing the petition. On October 05, 1990, five issues were framed by the learned District Judge, Balotra. Issue No. 3 is whether Satyawati is not entitled to get probate of the will for the reasons mentioned in para No. 4 of the reply filed by non-petitioners No. 2,3 & 4. One of the grounds of objection is that no executor has been named in the will Ex.-l. On May 15, 1992, Mahendra Kumar moved an application under Order 22 Rule 4 (subsequently amended as 3), C. P. C. stating that Satyawati has died on 18. 02. 92 leaving behind him and other legal representatives mentioned in the application and praying that they may be brought on record in her place. On 27. 08. 92, another application under Order 1 Rule 10, C. P. C. was moved by the legal representatives for impleading them in place of late Satyawati. After hearing the learned counsel for the parties, both the applications were dismissed by the learned District Judge on the ground that the right of an executor is a personal one and the legal representatives cannot be brought on record in his place, relying upon Section 222 and 223 of the Act.