BHAVIKA GODARA Vs. MANISH KUMAR

JUDGEMENT

(1.) Present writ petition has been filed challenging order dtd. 4/11/2024 passed by Learned Assistant Collector Tibbi, District Hanumangarh, rejecting application of petitioner filed under Order 1 Rule 10 CPC seeking impleadment in a suit filed by maternal uncle of petitioner against maternal grandmother and mother of petitioner. Learned counsel for the petitioner has also challenged legality and validity of order dtd. 7/2/2025 passed by Learned Board of Revenue, Ajmer, rejecting revision petition preferred by petitioner against said order dtd. 4/11/2024.

(2.) Explaining background facts of present case, learned counsel for the petitioner submitted that maternal uncle of petitioner preferred a suit for declaration and permanent injunction against his mother, brothers and sisters, including maternal grandmother and mother of present petitioner.

(3.) In said suit, petitioner, being the maternal granddaughter of Smt. Reshmi Devi, moved an application seeking her impleadment therein; however, said application has been rejected by Learned Court of Assistant Collector cum Sub-Divisional Officer, Tibbi, on the ground that petitioner's mother has been impleaded as party-defendant in said suit, who may have rights in property which was registered in the name of Smt. Reshmi Devi, and that petitioner per se does not have any right under the provisions of Hindu Succession Act as she is not a Class-1 Heir and can claim rights only in her father's property and not in that of her maternal grandmother.