YADAVA & ANOTHER Vs. BANSILAL & OTHERS

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is at the instance of plaintiffs in the suit challenging the order of trial court dated 7/9/2013 rejecting the petitioner's application under Order 1 Rule 10 CPC for deleting name of respondent No. 1 Bansilal.

(2.) In brief the petitioners have filed the suit for specific performance of contract, declaration of title as also permanent injunction pleading that original defendants Kallobai and Heeralal had entered into an agreement for sale of suit property in favour of petitioners and had received the part consideration. Properties belong to Kallobai. During pendency of the suit, Kallobai had died, therefore, petitioners had filed an application for impleadment of Bansilal as legal heir of Kallobai and the said application was allowed. Thereafter petitioners had filed another application under Order 1 Rule 10 CPC for deleting name of Bansilal on the ground that he is not the legal heir and trial court by the impugned order has rejected the said application.

(3.) Learned counsel for petitioners submits that earlier Kallobai and Heeralal had filed the suit for possession in which on the death of Kallobai and Heeralal, Banshilal was substituted as LR but the said suit was dismissed finding that Banshilal was not the legal heir and appeal was also dismissed, therefore, Banshilal is required to be deleted from the present suit also. He further submits that now the original L.Rs of Kallobai have been traced out, therefore, Banshilal is not required.