CHET RAM Vs. VIJAYPAL AND ANOTHER

JUDGEMENT

(1.) IN this revision filed under Article 227 of the Constitution of India, challenge is to order dated 14.12.2011 Annexure P/7 passed by the trial court. Suit was filed by Daya Nand plaintiff who died during pendency of the suit. Respondent No. 1 Vijaypal moved application for impleading him as legal representative (LR) of Daya Nand plaintiff alleging that respondent No. 1 is grandson of Kanyaha uncle of Daya Nand plaintiff. On the other hand, Mari filed application for impleading her as LR of Daya Nand plaintiff alleging herself to be daughter of Chajju Ram another uncle of Daya Nand plaintiff. However, before the said application could be decided, Mari also died. Chet Ram petitioner filed application for impleading him as LR of Mari on the basis of her alleged Will in his favour and consequently for impleading him as LR of Daya Nand.

(2.) LEARNED trial court vide impugned order Annexure P/7 has ordered impleadment of respondent No. 1 Vijaypal as LR of Daya Nand plaintiff. Feeling aggrieved, the petitioner has filed this revision petition to assail order Annexure P/7.

(3.) COUNSEL for the parties admitted that Chet Ram petitioner is also grandson of Lahiri another uncle of Daya Nand plaintiff. There is dispute regarding alleged adoption of Narender respondent No. 2 (defendant No. 1) by Daya Nand plaintiff. Consequently, nothing in this order shall have bearing on the said dispute to be decided in the suit.