LAWS(KAR)-2010-3-177

SHARADA GOPALA SINGH W/O SRI N.M. GOPAL SINGH, SRI G. MOHAN SINGH S/O N.M. GOPAL SINGH, SRI G. HEMA CHANDER SINGH S/O N.M. GOPAL SINGH AND SRI M. CHANDRA SINGH S/O LATE SRI MAAN SINGH Vs. SRI M. DIWAKAR SINGH S/O MAAN SINGH

Decided On March 29, 2010
Sharada Gopala Singh W/O Sri N.M. Gopal Singh, Sri G. Mohan Singh S/O N.M. Gopal Singh, Sri G. Hema Chander Singh S/O N.M. Gopal Singh And Sri M. Chandra Singh S/O Late Sri Maan Singh Appellant
V/S
Sri M. Diwakar Singh S/O Maan Singh Respondents

JUDGEMENT

(1.) IN the suit of the petitioners to declare that the Will dated 14.5.1998 as null and void and for partition, an application filed under Order 1 Rule 10(2) of CPC seeking amendment was rejected by the Trial Court. Hence, the present petitions.

(2.) THE learned Counsel for the petitioners contends that the persons sought to be impleaded are the children of the 1st wife of the husband of the lat plaintiff. It is submitted that the 1st plaintiff being a second wife was not aware of the existence of the 1st wife and the children borne, out of the marriage. Hence, the application is made in view of the fact that they too have an interest in the schedule property.

(3.) THE trial Court while considering the application rejected the same on the ground that the children of the first wife are not necessary parties to the suit, since the marriage is stated to be a void marriage. The reasoning recorded by the Trial court is unsustainable.