High CourtsSingle Bench

Azad Singh vs Smt. Daya Kaur and Others

Punjab And Haryana At Chandigarh · Decided on 29 November 1989 · Citation: (1989) 11 P&H CK 0109

HON’BLE JUDGES
N.C. Jain, J
RESULT
Allowed
CASE NUMBER
Civil Revision No. 1978 of 1989
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Judgment

2 paragraphs · 133 words

N.C. Jain, J.—This revision petition is directed against the order of the trial Court declining the application of the petitioner for being impleaded as a defendant. The petitioner claims to be the legal representative under the will. In view, the right course for the trial Court would have been to allow the petitioner to be impleaded as a defendant along with other natural heirs without affecting the rights of the natural heirs of the petitioner to be gone into in appropriate proceedings. Without making any expression on the genuineness or otherwise of the will, this Court, therefore, orders that the petitioner be impleaded as a defendant in the suit along with the natural heirs.

2.

The revision petition is consequently allowed and the impugned order is modified only to the extent indicated above.