LAWS(RAJ)-2019-4-86

ARUNA DERASHRI Vs. LEARNED DISTRICT JUDGE

Decided On April 16, 2019
Aruna Derashri Appellant
V/S
Learned District Judge Respondents

JUDGEMENT

(1.) Petitioner has preferred this writ petition claiming the following reliefs :-

(2.) For the reasons stated by learned counsel for the petitioner, the defect pointed out by the office is overruled.

(3.) The limited prayer of learned counsel for the petitioner is that the petitioner has filed an application under Section 372 of the Indian Succession Act, 1925 against the Public at large, Bhilwara before the learned trial Court, and the bone of contention includes certain fixed deposits in the State Bank of India, Branch Bhopalganj, Bhilwara and also certain shares of Reliance Industries and Super House Leathers Limited (Erstwhile name Sharp Leathers Limited). The petitioner while requesting the Court that the SBI Branch concerned and the Reliance Industries and Super House Leathers Limited are not necessary parties in the summary proceedings under Section 372 of Indian Succession Act, 1925 was not allowed to proceed. Learned court below vide its impugned order dated 07.02.2019 has held that the Firm and the Bank are necessary parties and since making them as a party would not be detrimental to the interest of the petitioner, therefore, they may be impleaded as a party. The petitioner claims to be successor of his deceased parents, who were the holders of the shares of the SBI.