DHARAMVIR Vs. MELA RAM

JUDGEMENT

(1.) This petition is directed against the order of the trial Court dated September 15, 1987 whereby the application filed by Dharamvir claiming himself to be the legal representative of the deceased Shiv Ram was dismissed.

(2.) Shiv Ram filed a suit for mandatory injunction against his son Mela Ram. The suit was filed on February 2, 1980. During the pendency of the suit Shiv Ram died on June 4, 1984. He left behind two sons an the daughter. On his death, notice was sent to all the legal representatives to come forward and contest the suit. However, Dharamvir son of Roshan Lal, grandson of the deceased Shiv Ram, came forward and moved and application for being impleaded as a legal representative of the deceased on the strength of a Will executed in his favour. Defendant Mela Ram also claimed to be the sole owner of the suit property in view of the alleged Will in his favour executed by the deceased. By the impugned order the learned trial Court found that both the parties i.e. Dharamvir as well as Mela Ram had failed to prove the Wills executed in their favour and consequently it was held that since nobody is fit to be brought on record as legal heir, the suit filed by Shiv Ram Dass stands abated.

(3.) Learned counsel for the petitioner submitted that since dispute is between the brothers and the sisters it was a fit case where all the legal representatives of deceased Shiv Ram Dass should be brought on record so that there could be final adjudication of the dispute between the parties. On the other hand, learned counsel for the respondent submitted that the petitioner may file a separate suit to prove the Will in his favour and in case the suit is decreed he may get the present suit revived.