Bhajan Singh vs Subhash Chander and Others

V.K. Jhanji, J.—Sant Lal filed a suit for permanent injunction against Defendant - Respondents No. 3 to 5 restraining them from removing the overhanging construction over the shop illegally and forcibly. He also sought declaration that notice dated 9. 1.1989 issued by the Municipal Committee u/s 181 of the Haryana Muncipal Act is illegal, mala fide, discriminatory and against the rules of natural justice.

During the pendency of the suit, Sant Lal died. Petitioner as well as Respondent No. 1 and 2 filed separate'' application for being impleaded as egal representative of Sant Lal deceased, Respondents No. 1 and 2 claimed themselves to be the legal representatives on the basis of a registered Will alleged to have been executed in their favour by the deceased whereas the Petitioner claimed that no such Will was executed and he being one of the legal representatives, is liable to be impleaded as a Plaintiff. Application filed by Respondents No. 1 and 2 was allowed where as the application filed by the Petitioner was dismissed as the trial Court was of the view that Respondents No. 1 and 2 are entitled to be impleaded to the exclusion of the Petitioner, This order is being challenged by the Petitioner in this civil revision.

Learned Counsel for the Petitioner submits that the order of the trial Court cannot be sustained in view of decision of this Court as reported in S. Charanjit Singh and Another Vs. Bharatinder Singh and Others, .

On the other hand, Mr. Ram Chander, learned Counsel for the Respondent No. 1 and 2 submits that the had no instructions now to defend them as his clients have taken away the brief from him.

After hearing the learned Counsel for the parties, I am of the view that this civil revision deserves to succeed.

It is now well settled that determination under Order 22 Rule 5, CPC as to who is legal representative of the deceased Plaintiff is only for the purpose of bringing legal representatives on record or the conduct of legal proceeding and does not operate as res judicata and inter se dispute Between the rival legal representatives has to be independentely tried and decided in separate proceedings. In view of this, the trial Court ought to have allowed all the legal representatives to be brought on the record so that they could represent the estate of the deceased. So far as the genuineness and validity of the Will is concerned, the case can be decided between the legal representative whenever any suit/proceedings for succession of the estate are filed either on the basis of natural succession or on the basis of the Will.

Consequently, this civil revision is allowed and the order of the trial Court is set aside. Trial Court is directed to bring on record the Petitioner as one of the legal representatives along with Respondents No. 1 and 2 who have already been brought on record as legal representatives of the deceased. No costs.