NASIM RAZZAK GHANCHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, Petitioners challenge Order dtd. 6/7/2024 passed by the learned Judge of the Small Causes Court, by which application filed by them at Exhibit-29 for bringing them on record as legal representativeS of deceased Plainti? has been rejected and application at Exhibit-27 filed by Respondent No.2 has been allowed directing impleadment of Respondent No.2 as legal representative of the deceased Plainti?. Petitioners have been directed to be impleaded as Defendant Nos. 2 and 3 in the suit.

(2.) There appears to be a contest between Petitioner No. 1 and Respondent No. 2 about their status as the legally wedded wife of the deceased Plainti? as on the date of his death. Petitioners claim that Respondent No. 2 was already married to another man and without securing divorce in respect of her first marriage she has erroneously set up a claim about marriage with the deceased Plainti?. It is further contended by the Petitioners that Petitioner No.2 is undisputedly the son born out of wedlock between the deceased Plainti? and Petitioner No.1. Petitioners dispute the contention of Respondent No. 2 that there was divorce between the deceased Tenant and Petitioner No.1. Petitioners also dispute solemnisation of marriage between the deceased Plainti? and Respondent No.2. On the contrary, it is the case of Respondent No.2 that the marriage between deceased Plainti? and Petitioner No. 1 was dissolved by oral divorce which has taken place on 11/9/2012 which is also documented in the form of Deed of Divorce on mutual understanding. It is further contention of the Respondent No.2 that she is legally wedded wife on deceased Plainti? on the strength of marriage certificate dtd. 7/7/2011.

(3.) It appears that the learned Judge of the Small Causes Court has proceeded to decide the above contest between the rival parties merely on the basis of the pleadings in the application and the supporting documents. The statutory scheme in the event of dispute between several parties claiming right to participate in carriage of the suit is to be found under Order XXII Rule 5 of the Code of Civil Procedure 1908, which provides thus :