KARAMJIT KAUR Vs. GURBANT SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 29.9.2000 passed by civil Judge (Senior Division), Ropar vide which application filed by Karamjit Kaur alias Kamaljit Kaur and Harpreet Singh for impleading them as LRs of deceased Nirmal Singh were allowed.

(2.) BRIEF facts of the case are that Gurbant Singh, respondent No. 1, filed a suit against Nirmal Singh, Smt. Amar Kaur widow, Bant Kaur and Dalip Kaur, daughters of Surjan Singh, Labh Singh and Parminder Singh for joint possession. During the pendency of the suit filed by Gurbant Singh, Nirmal Singh, husband of petitioner No. 1 and father of petitioner No. 2 died on 28.7.2000. The petitioners moved an application before the trial Court for bringing them on record as the LRs of deceased Nirmal Singh. Tejwant Singh, respondent No. 7 also moved an application for impleading him as LRs of Nirmal Singh.

(3.) MR . Gurcharan Dass, learned counsel for the petitioners submitted that the order passed by the learned trial court is erroneous. He contended that the trial court has not taken into consideration the mandatory provisions of Order 22 Rule 5 Civil Procedure Code and impleaded Tejwant Singh as LR of Nirmal Singh. He contended that it was the bounden duty of the learned trial court to determine the question whether Tejwant Singh, respondent No. 7, was the LR of deceased Nirmal Singh and till such time a finding is given, respondent No. 7 could not be brought on record. He further submitted that Nirmal Singh deceased appeared as PW2 in case State v. Gurbant Singh, (FIR No. 25 dated 8.5.1995, P.S. Morinda) and stated that he did not know Tejwant Singh Boparai. He also deposed that he never gave any power of attorney to anyone regarding his land. Even he made a statement that he did not know whether Tejwant Singh was the son of Dr. Sohan Singh, who was the President of Panthak Committee. In support of his submission he relied upon Mehan Singh and another v. Amarjit Kaur and others, 1994(1) RRR 366 (P&H) : (1993-2)104 PLR 363.