SHEO NARAIN JAISWAL Vs. SAVITRI DEVI JAISWAL

JUDGEMENT

(1.) Heard Shri A.K. Sinha, Sr. Advocate assisted by Mr. A.K. Srivastava, Mr. Badal Vishal, Ms. Suman Srivastava, Advocates, on behalf of the petitioner and Shri P.K. Prasad, Sr. Advocate, assisted by Mr. Ayush Aditya, appearing on behalf of the contesting respondents.

(2.) The order under challenge is dated 18 th November, 2011 in L.A. Case No. 150 of 2010 passed by the Additional Judicial Commissioner XII, Ranchi (Annexure 3 to the writ petition). The court below has rejected the application filed on behalf of the petitioner under Order I Rule 10 (2) read with Section 151 of the Code of Civil Procedure.

(3.) The respondents are Class I heirs of Late Uma Shankar Jaiswal who executed a will in their favour bequeathing his 1/6 th share of the property. The will is dated 13 th February, 2002. The respondents preferred Letters of Administration Case on 9 th September, 2010 under the Indian Succession Act, 1925 (hereinafter referred to as "the Act") for grant of probate. The petitioner filed the aforesaid application to be arrayed as party since he has interest in the subject matter of the will. The ground for being arrayed as a party is that Rai Saheb Lakshmi Narain Jaiswal and Ram Narain Jaiswal were two brothers and were running their business of distillery in the name and style of M/s Lakshmi Narain Ramnarain at different places in different States. Lakshmi Narain Jaiswal died leaving behind six sons, namely, the petitioner Sheo Narain Jaiswal, testator of the will Uma Shankar Jaiswal and four other brothers Prabhu Shankar Jaiswal, Kuldeep Narain Jaiswal, Jagat Narain Jaiswal and Ranjit Singh Jaiswal. Partnership firm was dissolved in 1970 and prior to dissolution of the firm, another firm M/s Lakshmi Narain and Sons was constituted between the six brothers and a deed of rectification of partnership was made. Subsequently it was resolved that the business of partnership shall be at Ranchi and at such other places or under such other name and style as mutually agreed upon from time to time.