SMT. BHAURI DEVI Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) The present writ petition has been filed assailing the order dtd. 24/2/2022 passed by the learned Additional Civil Judge and Judicial Magistrate No.17, Jaipur Metropolitan-I, Sanganer in Civil Suit No.77/2017, whereby the application filed by the petitioner-plaintiff under Order 26 Rule 10-A CPC has been rejected.

(2.) The brief facts of the case are that a suit was filed by the plaintiff-petitioner, for declaration of the will dtd. 10/4/2014, to be null and void and for permanent injunction, contending therein that the plaintiff-petitioner is daughter of Shri. Badri and Defendant No.2-Smt. Bila Devi is the wife of Shri. Badri and mother of plaintiff-petitioner. Badri has expired on 14/1/2017.

(3.) The said suit was opposed by the defendants-respondents, denying the fact of plaintiff-Smt. Bhauri Devi being daughter of Shri Badri. Further, defendant No.2-Smt. Bila Devi, who is wife of Shri Badri also denied the factum of plaintiff-petitioner being her daughter. It was also alleged in the reply by the defendants-respondents that Shri Badri and Smt. Bila Devi had a son named as Shri. Ramswaroop and therefore, prayed that the suit may be rejected.