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    Impleadment Application

    Uploaded by

    Neetu Singh
    1) This document is an application filed in the High Court seeking to implead an additional party ("the applicant") in an ongoing probate case regarding the will of a deceased person. 2) The applicant claims to be a beneficiary under the will and argues they are a necessary party to the case, as the court's judgment would affect their legal rights and interests. 3) The application requests that the court pass an order to implead the applicant as a necessary party in the probate proceedings.

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    Impleadment Application

    Uploaded by

    Neetu Singh
    992 views4 pages
    1) This document is an application filed in the High Court seeking to implead an additional party ("the applicant") in an ongoing probate case regarding the will of a deceased person. 2) The applicant claims to be a beneficiary under the will and argues they are a necessary party to the case, as the court's judgment would affect their legal rights and interests. 3) The application requests that the court pass an order to implead the applicant as a necessary party in the probate proceedings.

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    1) This document is an application filed in the High Court seeking to implead an additional party ("the applicant") in an ongoing probate case regarding the will of a deceased person. 2) The applicant claims to be a beneficiary under the will and argues they are a necessary party to the case, as the court's judgment would affect their legal rights and interests. 3) The application requests that the court pass an order to implead the applicant as a necessary party in the probate proceedings.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    992 views4 pages

    Impleadment Application

    Uploaded by

    Neetu Singh
    1) This document is an application filed in the High Court seeking to implead an additional party ("the applicant") in an ongoing probate case regarding the will of a deceased person. 2) The applicant claims to be a beneficiary under the will and argues they are a necessary party to the case, as the court's judgment would affect their legal rights and interests. 3) The application requests that the court pass an order to implead the applicant as a necessary party in the probate proceedings.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    In the High Court

    I.A. No. ______ of 20


    In
    TEST.CAS. ___ 20
    In the Matter of:
    XYZ ……Petitioner
    Versus
    State ……Respondent

    AND
    ABC …..Applicant

    Application on behalf of ‘ABC’Under Order I, Rule 10(2), Read With


    Section 151 Of The Code Of Civil Procedure, 1908,

    Most Respectfully Submits:


    1) That the abovementioned testament case no. _____ title as _____ has

    been filed by the petitioner (An executor as per the will that is claimed to

    be the last validly executed will of the deceased) for probate the will

    dated 19.12.2001 made by deceased which is pending before this

    Hon’ble court and now it is listed for ____

    2) That on ---- notice was issued by this Hon’ble Court to the respondent

    (state) and to the surviving legal heirs of the deceased as there are no

    Class-I legal heirs of decease.

    3) That other beneficiaries filed an impleadment to be "impleaded" as a

    party in the ongoing probate petition. That the court referred the matter

    for mediation at the High Court.


    4) That this application for impleadment is preferred by applicant. It is
    submitted that the applicant herein was not made party before this
    Hon’ble court in probate proceedings of the will of deceased .

    5) That the applicant herein is the necessary and proper party to the
    proceedings relating to the probate of the will for the following Grounds:

    6) GROUNDS:-

    a) Because a bequest has been made towards the applicant and the
    pending litigation before this Hon’ble court will have an effect on the
    rights of the applicant, arising out of the document of which probate as
    a will of the deceased is being sought.

    b) Because the judgment of the court in probate proceeding is a


    judgement in rem and not a judgment in personam and the applicants
    being a beneficiaries are thus entitled to be impleaded as the parties to
    the judgement.

    c) Because applicant is the necessary and proper party in the present


    proceedings and she has a direct and subsisting interest in the subject
    matter of the proceedings.

    d) Because legal rights and interest of the applicant will be seriously


    prejudiced if the applicant is not impleaded as a party in the present
    suit.
    7) That the presence of the applicant is necessary in the mediation
    proceedings for a complete and effective adjudication of the questions
    involved in the suit.

    8) That the applicant is bona fide and in the interests of justice.


    PRAYER

    In the facts and circumstances set out above, it is most respectfully

    prayed that this Hon’ble court be pleased to:

    a. Implead the applicant as a necessary party.

    b. Pass such further orders as this Hon’ble court may deem fit.

    Verification

    Verified at New Delhi on this the ___ day of ___ 20 that the contents of
    paragraph to ___ the above application are true and correct to the best of my
    knowledge, information and belief, no part of it is false and nothing material has
    been concealed.

    Applicant

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