BHAJAN SINGH Vs. SUBHASH CHANDER AND ORS.

JUDGEMENT

(1.) SANT Lal filed a suit for permanent injunction against Defendant - Respondents No. 3 to 5 restraining them from removing the overhanging construction over the shop illegally and forcibly. He also sought declaration that notice dated 9. 1.1989 issued by the Municipal Committee under Section 181 of the Haryana Municipal Act is illegal, mala fide, discriminatory and against the rules of natural justice.

(2.) DURING the pendency of the suit, Sant Lal died. Petitioner as well as Respondent No. 1 and 2 filed separate' application for being impleaded as legal representative of Sant Lal deceased, Respondents No. 1 and 2 claimed themselves to be the legal representatives on the basis of a registered Will alleged to have been executed in their favour by the deceased whereas the Petitioner claimed that no such Will was executed and he being one of the legal representatives, is liable to be impleaded as a Plaintiff. Application filed by Respondents No. 1 and 2 was allowed where as the application filed by the Petitioner was dismissed as the trial Court was of the view that Respondents No. 1 and 2 are entitled to be impleaded to the exclusion of the Petitioner, This order is being challenged by the Petitioner in this civil revision.

(3.) ON the other hand, Mr. Ram Chander, learned Counsel for the Respondent No. 1 and 2 submits that the had no instructions now to defend them as his clients have taken away the brief from him.