JOGINDER SINGH Vs. PHOOL CHAND

JUDGEMENT

(1.) CM No. 16205-CII of 2009

(2.) During the pendency of the case, defendant No. 1, namely, Nanak died and the petitioners, who were already on record as defendants No. 3 to 7, moved an application before the trial Court for being impleaded as LRs of deceased Nanak on the basis of a registered Will in their favour. The said application was dismissed by the trial Court vide impugned order 21.5.2009.

(3.) The present petition has been filed by the petitioners challenging the aforesaid order submitting that the application filed by them could not be dismissed on technical grounds and for proper adjudication of the present dispute between the parties, it was necessary to bring on record the petitioners as legal representatives of deceased-Nanak and no prejudice shall be caused to the respondents if the application filed by the petitioners is accepted and thus, the impugned order is liable to be set aside and they are entitled to be brought on record as LRs of deceased- Nanak.