SHIVNARAYAN Vs. KESARBAI

JUDGEMENT

(1.) I This petition is filed under section 151 of the Code of Civil Procedure (for short the 'Code') seeking a direction that the petitioner be also permitted to participate in the proceedings going on in the trial Court as regards the determination of question as to the legal representatives of the deceased Kesharbai and thereafter Lalitabai.

(2.) THIS is a long drawn litigation. Before the procedural wrangle succeeds in eroding the faith in the proceedings need to be put on the correct track.

(3.) ON perusal of the record of M.C. No. 48/80 it is seen from the order dated 29.1.81 that it was directed that the petitioner, claiming to be the L.R. under a will, may be permitted to intervene so that controversy may be decided after full enquiry and after hearing all the parties concerned with the litigation. On the question of review, this Court on 30.7.91, passed the following order: -