KRISHAN KUMAR SAINI Vs. RAJINDER KUMAR SAINI

JUDGEMENT

(1.) The present petition arises out of a suit for partition between the legal heirs of Late. Shri Som Nath Saini. The suit was filed by Shri Krishan Kumar Saini (Plaintiff) against his two brothers, namely, Sh. Rajinder Kumar Saini and Sh. Surinder Kumar Saini (Defendants No.1 and 2) and Smt. Krishna Kumari (Defendant No.3). The prayer in the suit was for a decree for partition in respect of property bearing no. A-70, NDSE, Part-II, New Delhi. The suit was filed on 10th March, 1987. Defendant No. 1- Sh. Rajinder Kumar Saini had filed a written statement. Defendant No. 2- Sh. Surinder Kumar Saini had also filed a written statement. However, during the pendency of the suit, both the brothers have passed away and are represented by their legal heirs.

(2.) The question has arisen as to the legal heirs of Mr. Rajinder Kumar Saini, who passed away on 26th May, 2001. One Ms. Premshila and Mr. Achal Kumar (hereinafter, "Applicants") filed application under Order XXII Rule 4 seeking impleadment on the ground that they are the wife and son of Late Mr. Rajinder Kumar Saini. The Plaintiff, on the other hand, moved an application under Order XXII Rule 4 CPC seeking the deletion of the name of Mr. Rajinder Kumar Saini from the memo of parties on the ground that he did not have legal heirs, as he was unmarried. The said applications came to be decided by the Trial Court by the impugned order.

(3.) The Trial Court has, on the basis of a summary inquiry, come to the conclusion that the Applicants deserve to be impleaded as the legal heirs of Mr. Rajinder Kumar Saini. The Trial Court has considered the affidavit-in- evidence filed by Ms. Premshila, as also certain other documents including an affidavit of the Pandit who allegedly performed the marriage of Mr. Rajinder Kumar Saini with Ms. Premshila and the School Leaving Certificate of Master Achal. The relevant portion of the Trial Court's judgment is set out below: "...