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2018 Supreme(Del) 1547

RAJIV SAHAI ENDLAW
Ramvati Thr. Her S. P. A. Pradeep Kumar – Appellant
Versus
Sukhbir Singh Chauhan (Thr Lrs) – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.M. Sinha and Mr. Sandeep Khatri
For the Respondents: Mr. Arvind Kumar Sharma, Mr. V.P. Rana, Mr. Deepak Gupta and Mr. Bharat Garg

JUDGMENT :

1. This petition under Article 227 of the Constitution of India impugns the order [dated 12th December, 2016 in CS No. 380/2015 of the Court of the Civil Judge (North), Rohini Courts, Delhi] of dismissal of the application filed by the petitioner/plaintiff under Order XLVII Rule 1 of the Code of Civil Procedure, 1908 (CPC) for review of the order dated 23rd January, 2016 in the suit.

2. The petition came up first before this Court on 28th February, 2017 when notice thereof was ordered to be issued.

3. The counsels were heard on 8th September, 2017 and order reserved.

4. The petitioner/plaintiff, acting through her Special Power of Attorney Holder Sh. Rajpal Singh, on 7th December, 2015 instituted the suit from which this petition arises (i) for declaration that the Will dated 6th May, 1986 and other documents (if any) executed by the respondents/defendants no.1 and 2 viz. Sukhbir Singh Chauhan and Balkishan in favour of respondents/defendants no.3 and 4 viz. Naresh Kumar and L.G. Real Estate L.L.P. on the basis of the said Will qua agricultural land in Revenue Estate of village Bakoli, Delhi are null and void as the same are forged and fabricated, obtained by playing a fraud


















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