KAMAL NAIN Vs. SOM PARKASH AND ORS

JUDGEMENT

(1.) This revision petition under Article 227 of the Constitution of India has been instituted by Kamal Nain legal representative of Parkash Kaur defendant No. 6 since deceased assailing order dated 8.9.2008, Annexure P/1 passed by learned Additional Civil Judge (Senior Division), Samana. The trial court vide order Annexure P/1 disposed of two applications. One application was for impleading legal representatives of Jagdish Ram plaintiff No. 2 since deceased. The said application has been allowed by the trial court by way of impugned order. Another application was by defendants No. 8 to 19 for transposing them as plaintiffs and for amendment of plaint. The said application has been dismissed by the trial court vide impugned order. Petitioner herein is aggrieved only by allowing of application for impleading LRs of plaintiff No. 2.

(2.) I have heard learned Counsel for the parties and perused the case file.

(3.) At the outset in application Annexure P/2 for impleading LRs of plaintiff No. 2 which has been allowed by the trial court it has been mentioned that defendants No. 13 to 18 (including LRs of defendant No. 15 since deceased) were the only legal heirs of plaintiff No. 2 since deceased but the trial court wrongly mentioned defendants No. 8 to 19 as LRs of plaintiff No. 2, probably because defendants No. 8 to 19 had moved application for transposing them as plaintiffs. Consequently, impugned order to the extent of ordering impleadment of defendants No. 8 to 19 as LRs of plaintiff No. 2 is liable to be modified so as to implead defendants No. 13 to 18 only as LRs of plaintiff No. 2 as sought vide application Annexure P/2.