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2014 DIGILAW 133 (RAJ)

Mohan Lal v. A. D. J. Raisinghnagar

2014-01-09

ATUL KUMAR JAIN

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JUDGMENT 1. - Shibbo Devi could not prove herself to be the wife of late Darshan Singh and claim filed by her under Section 372 of Indian Succession Act, 1925 (Civil Misc. Code No. 69/1994) was dismissed by Additional District Judge, Raisinghnagar on 16.12.2005. She has not filed any appeal against that final order/judgment. Mohan Lal was non-applicant No. 1/1 in Civil Misc. Case No. 69/1994 and now Mohan Lal has filed an application under Section 276/278 of Indian Succession Act, 1925 for granting succession certificate in his favour in relation to property left by deceased Darshan Singh. In this file also Shibbo Devi had moved an application under Order 1 Rule 10 C.P.C. to be made a party in the matter and in that Civil Misc. Case No. 20/2006 by order dated 30.11.2010, Shibbo Devi has been allowed to be made a party in the matter by Additional District Judge, Raisinghnagar. 2. Mohan Lal has challenged the said order dated 30.11.2010 passed by Additional District Judge, Raisinghnagar. It has been argued on behalf of Mohan Lal that when the claim of Shibbo Devi was finally dismissed on 16.12.2005 by a Court of competent jurisdiction and when Mohan Lal himself was a party in that matter, now Shibbo Devi cannot be allowed to re-agitate her claim only on the basis of some more evidence which was not available with her till the judgment in the earlier file. 3. It has been argued on behalf of Mohan Lal that rule of res judicata is applicable in the matter and so Shibbo Devi should not have been allowed to be made a party in the matter. 4. On the other hand, it has been argued on behalf Shibbo Devi that in Cr. Misc. Case No. 10/2090 decided on 15.12.1990, an amount of Rs. 200/- per month was ordered to be paid to her under Section 125 Cr.P.C. by Additional Chief Judicial Magistrate, Raisinghnagar and in that case her status as wife of Darshan Singh was not denied by Darshan Singh, so she should be allowed to contest the matter again in the Civil Court, so that she may prove herself to be lawfully wedded wife of late Darshan Singh. 5. I have perused all the documents submitted by the parties in this matter. I have also perused the documents filed in Civil Misc. Case No. 69/1994 of the Lower Court. 6. 5. I have perused all the documents submitted by the parties in this matter. I have also perused the documents filed in Civil Misc. Case No. 69/1994 of the Lower Court. 6. I have sympathy with Shibbo Devi but legally Shibbo Devi has no right to re-agitate the same matter which has been finally decided by the Civil Court on 16.12.2005 and hence she should not have been made a party in subsequent Civil Misc. Case No. 20/2006 and the order dated 30.11.2010 passed in her favour by Additional District Judge, Raisinghnagar does not appear to be as per law and hence the order dated 30.11.2010 deserves to be quashed which is hereby quashed and set aside. The said Court is directed to remove the name of Shibbo Devi from the list of non-applicants in Civil Misc. Case No. 20/2006 pending before it. 7. The petition filed by Mohan Lal is disposed of accordingly. The stay petition also stands disposed of accordingly. Copy of this order be sent to the Court of Additional District Judge, Raisinghnagar immediately by speed post.Petition disposed of. *******