SAROJ DEVI ALIAS SAROJ DEVI SHARMA v. RAJ KUMAR SINGHANIA
C.M.P./827/2025 · 2025-09-11
Gautam Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10880 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10880 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:27813 IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 827 of 2025
------ Saroj Devi @ Saroj Devi Sharma, daughter of Late Sita Ram Sharma, wife of Binod Sharma, aged about 54 years, resident of Sita Kutir, Bhadani Medical Complex, Gaya, P.O. & P.S. Gaya, District Gaya .... .... …. Petitioner
Versus Raj Kumar Singhania, son of Late Shri Niwas Singhania, resident of Laxmi Traders, Laxmi Bazar, P.O. & P.S. Deoghar, District Deoghar
.... .... .... Opposite Party
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. Prashant Pallav, Advocate
Ms. Shivani Jaluka, Advocate For the Opp. Parties :
Order No.02 / Dated : 11.09.2025
Petitioner is the daughter of Late Sita Ram Sharma, who was impleaded as one of the opposite parties in the Original (Title) Suit No.2/2022 which was filed for grant of Letter of Administration of WILL dated 11th October, 1991.
2. The brief facts leading to the present civil miscellaneous petition is that one of the beneficiaries had instituted the suit for grant of Letter of Administration and the father of the petitioner was impleaded as the opposite party, who died during pendency of the suit on 7th April, 2013. The information petition was given regarding the death by the learned counsel appearing on behalf of Late Sita Ram Sharma, but no step was taken for substitution of the present petitioner i.e. Saroj Devi, who is daughter of Late Sita Ram Sharma.
3. It is contended that applicant/plaintiff in the Testamentary Suit colluded with other parties and deliberately got the suit dismissed for non- prosecution so as to defeat the rightful claim of this petitioner, who is legal heir and descendent of Late Sita Ram Sharma.
4. Having come to know about this, the petitioner filed the review application to the order of dismissal of the suit, which has been registered as Civil Misc. Case No.4 of 2024.
5. For the present, the petitioner only seeks the expeditious disposal of her review application which is pending before the learned trial Court. In this view of matter, the learned trial Court is directed to dispose of the review application within eight weeks after receipt of the order.
Civil Miscellaneous Petition accordingly,
disposed of. Pending Interlocutory Application, if any, is disposed of.
(Gautam Kumar Choudhary, J.) Anit