MAHESH CHANDER DEWAN Vs. KANTI CHANDER DEWAN

JUDGEMENT

(1.) . Two out of three plaintiffs have come up in revision feeling aggrieved by the order dated 12.5.1992 of the trial court direcing their application under Order 1 Rule 10 Civil Procedure Code proposing transposition of plaintiff No,3 as a defendant to be dismissed.

(2.) . The three plaintiffs are real brothers. It appears that they had filed a suit for issuance of an injunction piptecting their possession over the suit property. During the pendency of the suit the defendant No.1, none-else then.the father of the plaintiffs', expired. The plaintiffs thereupon moved an application under Order 22 Rule 4 Civil Procedure Code proposing to bring on record their sister i.e. a daughter of the deceased,the other L.R s.i.e. the sons being already on record. At this point of time the plaintiff No.3 made a statement dated 21.4.1992 wherein though he agreed to stand by the case set out by the three plaintiffs jointly in the plaint yet he proceeded to state:-

(3.) . It appears that the plaintiff Nos.l & 2 do not agree with the will set up by the plaintiff No.3. Apprehending conflict of interest between the plaintiffs interse, the plaintiff nos.1 &. 2 moved an application for transposing the plaintiff no. 3 as a defendant. In the meantime the plaintiff No.3 had engaged acounsel of his own other than the one initially engaged by the three plaintiffs. The trial court has rejected the application for transposition forming an opinion that the will dated 29.10.1990 was not asubject matter of dispute before it and so change in the array of the parties was not warranted.