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2007 Supreme(Del) 727

J.M.MALIK
SHIVRAJ KRISHAN GUPTA – Appellant
Versus
CHANDER KRISHAN GUPTA – Respondent


Advocates Appeared:
ALY MIRZA, ARUN MOHAN, Arvind, J.P.Gupta, N.K.KANTAWALA, SANDEEP SETHI, Sangeeta Jain


J. M. MALIK, J.

( 1 ) SMT. Bimla Devi, defendant died on 12. 12. 2006,she left behind him sh. Shivraj Kishan Gupta, Smt. Neena Jain and Smt. Neera Goel as her legal representatives. Counsel for the plaintiff therein filed an application under Order 22 rule 4 CPC for bringing on record the legal representatives of the deceased defendant. The above said legal representatives contested the above said application. According to them, Smt. Bimla Devi, on 26. 05. 2004, created a trust wherein her entire estate. e. , movable as well as immovable assets including all debts and claims due to her was to be held in a trust for the benefit of her two grand sons namely Nitin Gupta and namit Gupta both sons of Sh. Shiv Krishan Gupta to whom she had bequeathed her entire share. The Trust Deed further mentioned that it would be called "nitin and Namit Benefit Trust". Consequently, the said trust represents the estate of deceased Smt. Bimla Devi and her legal representatives. It was prayed that said trust be impleaded as legal representative of Smt. Bimla Dev.

( 2 ) THE plaintiff herein hotly contested the above said objections. It is alleged that the Will and the Codicil are forged documents and















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