Vedpal, J. - (1.) C.M.Application No.43505 of 2008and Objections C.M.Application No.43505 of 2008 by petitioner Shri Mohit Kumar under section 151 of the Code of Civil Procedure in Testamentary Case No.1 of 2004 was filed on 12-05 -2008 for extension of time for filing application for amendment of the petition in pursuance of the order dated 27.3. 2008, passed by Hon'ble the Supreme Court, on the ground that he has moved application for permission to implead four persons as respondents, therefore in the interest of justice time be granted for filing amendment application until application to implead four person is decided.
(2.) THE objections of respondent no.3 against this application are that the application of petitioner is against the order passed by the Hon'ble Apex Court with the consent of the parties in Civil Appeal No.2159 of 2008 arising out of SLP (C) No.463 of 2007 (Himalayan Institute Hospital Trust and another Vs. Mohit Kumar and others).That the application under reply is a device to prolong the proceedings and is misconceived ,which is liable to be rejected. C.M.Application No.43506 of 2008 and Objections C.M.Application No.43506 of 2008 was also filed in Testamentary Case No.1 of 2004 by petitioner Mohit Kumar under section 151 of the Code of Civil Procedure to implead four persons out of five mentioned therein, namely, Ms V. Rajesaramma; Mr Anil Singhal; Mr Mariam Pillai Ganesan and Ms Meera Swami Mohan as respondents, in the petition for grant of letters of administration, on the grounds that petition for grant of letters of administration to the estate of the deceased, Sri Swami Rama alias Brij Kishor Kumar has been filed by his son, Mohit Kumar the present applicant, as Sri Swami Rama died intestate and his entire estate devolved upon his legal heirs, and the petitioner. That the petitioner is also one of the duly nominated presidential body member of Himalayan Institute Hospital Trust. That a rival claim has been set up by one Dato Mohan Swami who claims adversely to the present petitioner by way of a document alleged to be the WILL of Sri Swami Rama and apart from the said Dato Mohan Swami, there are five other persons who also claim adversely to the present petitioner by way of the alleged Will of Sri Swami Rama while Sri Swami Rama alias Brij Kishor Kumar had never executed any Will. That out of the said five persons named in the application, three are foreign citizens while one Ms. Meera Swami Mohan to whom Dato Mohan Swami claims his wife is permanently residing in the U.K. and/or Malaysia. That even though they have no interest in the property, but to avoid any future litigation between the said persons and the petitioner it is necessary to implead only first four of them as party to the petition as there is no need for impleadment of Mr Vijay Dhasmana whose name finds place at S. No 5 in the present application as he has no locus standi and he can be heard before this Court by virtue of the orders passed by the Hon'ble Appellate Court, in Special Appeals Nos. 690 and 691 of 2006. The objections on behalf of the respondents no. 3 to the petitioner's application in brief are that the Hon'ble Apex Court in Civil Appeal No.2159 of 2008 arising out of SLP (C) No.463 of 2007 ( Himalayan Institute Hospital Trust and another Vs. Mohit Kumar and others) by its order dated 27.3. 2008 in paragraph 5 (vi) had specifically provided that who are to be impleaded as respondent no. 4 and 5 in the above testamentary case and the said order was passed with the consent of the parties and the said order is already on record, whose paragraph 5 (vi) is as under :- "(vi). In place of Himalayan Instituted Hospital Trust through it presidential body members' impleaded as a party, the following two groups shall be impleaded as respondent nos. 4 and 5 in Testamentary Case No. 1 of 2004:- 4(a) Dato Mohan Swami 4(b) Vijender Chauhan 4(c ) Vijay Dhsamana 4(d) Vikram Singh Claiming to constitute the presidential body members of Himalayan Institute Hospital Trust, Jolly Grant Dehradun. 5(a) Mohit Kumar, 5(b) Lilu Kumar 5( c ) Gen. M.L. Dar (Retd.) Claiming to constitute the presidential body members of Himalayan Institute Hospital Trust, Jolly Grant, Deharadun."
(3.) THAT after the order of the Hon'ble Apex Court no other person can be allowed to be impleaded in place of the respondent no.4,and 5 and impleadment of any person other than the persons directed by the Hon'ble Apex Court in the said order dated 27.3.2008 would amount to review/modification of the order of the Hon'ble Apex Court which is neither permissible nor is proper and the application under reply is absolutely misconceived, irrelevant and uncalled for, and is liable to be rejected. C.M.Application No.71747 of 2008, Objections and Reminder The petitioner Mohit Kumar then on 18-08-2008 moved C.M.Application No.71747 of 2008 under Order VI Rule 17 read with Section 141 and 151 Code of Civil Procedure for amendment of petition for the grant of letter of administration. This application has been moved on the ground that in term of the order dated 27.3.2008 passed by the Hon'ble Supreme Court in Civil Appeal No.2159 of 2008, the petition for grant of letter of administration is liable to be amended as the Hon'ble Supreme Court has passed an order to this effect that respondent no.4 which is a society, namely, Himalayan Institute Hospital Trust has to be substituted and arrayed in the manner indicated in the order itself as follows :- "4. 4(a) Dato Mohan Swami, 4(b) Vijender Chauhan, 4(C) Vijay Dhsmana, 4(d) Vikram Singh Claiming to constitute the presidential body members of Himalayan Institute Hospital Trust,Jolly Grant Dehradun. 55(a) Mohit Kumar 5(b) Lilu Kumar 5(C) Gen. M.L. Dar (Retd.) Claiming to constitute the presidential body members of Himalayan Institute Hospital Trust, Jolly Grant, Dehradun";