Atul Kumar Jain, J. - (1.) SHIBBO Devi could not prove herself to be the wife of late Darshan Singh and claim filed by her under Sec. 372 of Indian Succession Act, 1925 (Civil Misc. Case No. 69/94) was dismissed by Additional District Judge, Raisinghnagar on 16.12.2005. She has not filed any appeal against that final order/judgment Mohan Lal was non -applicant No. 1/1 in Civil Misc. Case No. 69/94 and now Mohan Lal has filed an application under Sec. 276/278 of Indian Succession Act, 1925 for granting succession Certificate in his favour in relation to property left by deceased Darshan Singh. In this file also Shibbo Devi had moved an application under Order 1 Rule 10 C.P.C. to be made a party in the matter and in that Civil Misc. Case No. 20/06 by order dt. 30.11.2010, Shibbo Devi has been allowed to be made a party in the matter by Additional District Judge, Raisinghnagar. Mohan Lal has challenged the said order dt. 30.11.2010 passed by Additional District Judge, Raisinghnagar. It has been argued on behalf of Mohan Lal that when the claim of Shibbo Devi was finally dismissed on 16.12.2005 by a Court of competent jurisdiction and when Mohan Lal himself was a party in that matter, now Shibbo Devi cannot be allowed to re agitate her claim only on the basis of some more evidence which was not available with her till the judgment in the earlier file.
(2.) IT has been argued on behalf of Mohan Lal that rule of res judicata is applicable in the matter and so Shibbo Devi should not have been allowed to be made a party in the matter. On the other hand, it has been argued on behalf of Shibbo Devi that in Cr. Misc. Case No. 10/90 decided on 15.12.1990, an amount of Rs. 200/ - per month was ordered to be paid to her under Sec. 125 Cr.P.C. by Additional Chief Judicial Magistrate, Raisinghnagar and in that case her status as wife of Darshan Singh was not denied by Darshan Singh, so she should be allowed to contest the matter again in the civil Court, so that she may prove herself to be lawfully wedded wife of late Darshan Singh.
(3.) I have perused all the documents submitted by the parties in this matter. I have also perused the documents filed in Civil Misc. Case No. 69/94 of the lower Court.;