M. PRAJWAL Vs. T. GOPALAKRISHNA

JUDGEMENT

(1.) Challenging order dtd. 12/7/2016 passed by I Additional City Civil Judge, Bangalore, (CCCH-02) in O.S.no.6199/2005 on I.A.VI at Annexure 'A', this writ petition is filed.

(2.) Sri. Rameshchandra, learned counsel for petitioners submitted that petitioner no.1 was impleading applicant in I.A.VI filed in OS.no.6199/2005. It is submitted that said respondent no.1 herein was plaintiff and petitioner no.2 and respondent no.2 were defendants no.2 and 3. Said suit was filed for partition. It was further submitted that during pendency of suit, defendant no.1 - Thimmarayappa died on 7/8/2013 and prior to it, he had executed a registered Will dtd. 19/8/2009 bequeathing his properties in favour of petitioner no.1 and also children of respondent no.1. On strength of said Will, petitioner filed I.A.VI under Order I Rule 10 of CPC, for being impleaded as legal representative of deceased defendant no.1. It was submitted that since suit properties were bequeathed under Will, petitioner would be a proper party to suit.

(3.) It was submitted that parties were Hindus, Hindu Will did not require to be probated. Further, Will was not disputed and no objections were filed to application. Therefore, rejection of application on ground that Will was not probated was illegal and sought for setting aside order passed by trial Court.