Ratan Lal vs Kishan Lal And Ors
2023 Latest Caselaw 1715 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Civil First Appeal No. 24/2007 Ratan Lal

----Appellant Versus Kishan Lal And Ors.

----Respondents

For Appellant(s) : Mr. D.S. Rathore For Respondent(s) : None present

HON'BLE MS. JUSTICE REKHA BORANA Order

13/02/2023

An application for deletion of the name of respondent No.1

Smt. Santoshi from the array of respondents has been preferred.

A perusal of the judgment dated 15.11.2006 shows that it

was the specific version of the plaintiff-appellant himself that Lahri

Bai (Respondent No.3) got the sale deed dated 18.10.2004

executed in her favour fraudulently and by undue influence.

Admittedly, the present suit is for partition wherein the case of the

plaintiff himself was that no partition had taken place between the

parties. Therefore, the submission made in the application that as

Smt. Santoshi had sold her share to Lahri Bai, her name deserves

to be deleted from the array of respondents being total contrary to

the submissions in the plaint, cannot be held to be tenable.

In the specific opinion of this Court, the legal representatives

of deceased Smt. Santosh deserves to be brought on record.

The application for deletion of the name of respondent No.1

is therefore, dismissed.

Learned counsel for the appellant may take appropriate

steps.

(REKHA BORANA),J 18-AbhishekS/-

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