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2023 Supreme(Online)(DEL) 4885

HIGH COURT OF DELHI
DAYAWATI – Appellant
Versus
STATE – Respondent


JUDGMENT

SACHIN DATTA, J.

O.A. No. 8/2022 (under Rule 5, Chapter - II of Delhi High Court (Original Side) Rules, 2018

1. The present chamber appeal under Rule 5 of Chapter II of the Delhi High Court (Original Side) Rules 2018 has been filed on behalf of respondent no. 2/appellant against order dated 22.12.2021 (“impugned order”) passed by Ld. Joint Registrar. By way of the aforesaid impugned order, the Ld. Joint Registrar disposed of I.A. No. 8659/2021 under Order XXII, Rule 3 read with Section 151 of Code of Civil Procedure, 1908 to bring on record the legal representatives of the deceased petitioner no. 2, Mrs. Uma Jain, who passed away on 10.06.2021.

2. The relevant factual background is that the testator Sh. Sital Pershad Oswal died on 14.04.1999 leaving behind a widow and three children. The widow of the late testator i.e., Smt. Dayawati, filed the present petition seeking probate with respect to the Will dated 22.12.1992 executed by her late husband in his lifetime. The children of the testator, namely, Mrs. Usha Jain, Mrs. Uma Jain and Sh. Satish Oswal were made parties to the probate petition. Thereafter, objections to the probate petition were filed on behalf of Sh. Satish Osw

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