MANGILAL DAS Vs. STATE OF M.P.

JUDGEMENT

(1.) Since the questions involved in these matter are arising out of similar factual foundation and legal questions, on the joint request of parties, matters are analogously heard and decided by this common order.

(2.) This petition filed under Article 227 of the Constitution assails the order dated 26.10.2009 (Annexure P-4). By this order, the application preferred by the petitioner under Order 1 Rule 10 C.P.C. (Annexure P-2) is rejected by the Court below.

(3.) The respondent No.2/plaintiff filed a suit for declaration and permanent injunction. In this suit, it is claimed that the respondent/ plaintiff became owner and in possession of the suit property because of the will executed in his favour by late Raghunath Das. During the pendency of said civil suit filed by respondent No.2, present petitioner filed an application under Order 1 Rule 10 C.P.C. The petitioner stated therein that he is real son/representative of Shri Raghunath Das. In a separate civil suit he has already challenged the will which is claimed to be in his favour by respondent No.2. It is contended that the petitioner being the legal representative of said Shri Raghunath Das, is entitled to enjoy the property and, therefore, he be included as defendant No. 2.