DURGA DEVI Vs. STATE & ORS.

JUDGEMENT

(1.) An application is filed by the legal representative of the respondent-deceased Smt. Dalkauri to be impleaded as a Party-respondent in place of the deceased Smt. Dalkauri.

(2.) Learned counsel for the appellants Mr. Jain has prayed for three weeks' time. That request was rejected by me. Thereafter, learned counsel for the appellants objected to the grant of this application filed by the legal representative of the deceased Smt. Dalkauri on the ground that this Court cannot grant the application straight-way, and it must be sent to the trial Court for the inquiry to find out whether he is real legal representative of the deceased Smt. Dalkauri or not. He also doubted the genuineness of the certified copy of the Will executed by the deceased Smt. Dalkauri in favour of the legal representative, which has been placed on record of this case by the legal representative of the deceased along with the application to be impleaded as the party- respondent. He objected the same on the ground that he was not given the copy of that Will. The certified copy which has come on the record of this case, was shown to the learned counsel Mr. Jain. He had seen it and maintained that it may he a forged document, and therefore, the Court must send it for inquiry to the trial Court.

(3.) According to the learned counsel for the legal representative of the deceased, the applicant who wants to be impleaded as party-respondent In place of Dalkauri, is the legal representative of the deceased Smt. Dalkauri as he is real nephew of deceased Dalkauri and as per the Will also, he has become entitled to claim the share in the property.