ASHOK KUMAR Vs. BHUPINDER KUMAR

JUDGEMENT

(1.) THIS is a Civil Revision and has been directed against he impugned order dated 24.2.1998, passed by the Civil Judge (Junior Division), Jalandhar, who dismissed the application of the present petitioners Shri Ashok Kumar and Alok Kumar, who are the sons of Shri Hind Paul Aggarwal.

(2.) SOME facts can be noticed in the following manner. Shri Bhupinder Kumar, respondent No. 1, filed a suit for declaration and injunction against Shri Rajiv Kumar and Rajan Kumar, respondent No. 2 and 3, respectively. The declaration has been sought that on the basis of the partnership, Bhupinder Kumar, is the sole proprietor of the firm M/s Hind Murti Investments. Ashok Kumar and Alok Kumar who are the real brothers of respondent No. 1, Shri Bhupinder Kumar and sons of Shri Hind Paul Aggarwal, alleged that on the basis of the Will, they are also the legal heirs of Shri Hind Paul Aggarwal. They made an application under Order 1 Rule 10 C.P.C. before the Court for impleading them as a party and their application has been declined for the reasons given in para No. 6 of the impugned order dated 24.2.1998. Hence the present revision.

(3.) FACED with this difficulty, learned counsel for respondent No. 1 Shri Bhupinder Kumar, submitted that if the petitioners have any Will in their favour, they can file a separate suit under the Will. Respondent No. 1 Shri Bhupinder Kumar is the sole master of his cause of action and he has not made any prayer against Ashok Kumar and Alok Kumar, the present petitioners.