RAM LUBHAI Vs. SANJAY BHASIN AND ORS.

JUDGEMENT

(1.) I.A. 13387/2015 (by the plaintiff u/O I R 10 CPC for addition of necessary Parties)

(2.) THE present application has been filed by the plaintiff stating inter alia that he has filed the accompanying suit for partition against the defendants in respect of an immovable property owned by late Shri Bhagat Ram, predecessor -in -title of the parties. At the time of instituting the present suit, the plaintiff had arrayed Shri Sanjay Bhasin (grandson of late Shri Bhagat Ram) as defendant No. 1 stating in the plaint that he was representing the share of his father, late Shri Ram Dev Bhasin. However, Shri Ram Dev Bhasin was actually survived by his wife, a son and a daughter, being class -I heirs and the plaintiff ought to have impleaded all the three legal heirs of late Shri Ram Dev Bhasin as co -defendants.

(3.) ISSUE notice.