RAJ KUMAR ALIAS RAJINDER SINGH Vs. BIMLA KUMARI

JUDGEMENT

(1.) The matter here pertains to the impleading of a party to the suit under O.1, R.10 of the Code of Civil Procedure.

(2.) The plaintiff-Raj Kumar filed a suit against his mother-Bimla Kumari seeking a declaration that he was the owner in possession of a portion of the house in suit. This house was owned by his father-Remal Das, who died on 9/02/1989. The plaintiff claimed ownership under a Family Settlement of 1/10/1988.

(3.) During the pendency of the suit, Raj Kumar son of Tara Chand sought to be impleaded as a defendant in the suit on the plea that the said Remal Das had executed a Will in his favour on 6/01/1989, bequeathing the property in suit to him. It was also averred that the plaintiff and his mother Bimla Kumari were not the legal heirs of Remal Das as Remal Das had divorced Bimla Kumari and thereafter she had married one. Bachan Singh of Amritsar and three children were thereafter born to them. It was alleged that the plaintiff was in fact the son of this Bachan Singh and not Remal Das.