LAWS(P&H)-2004-7-90

HARSH KUMAR Vs. MAAN DAS

Decided On July 05, 2004
HARSH KUMAR Appellant
V/S
Maan Das Respondents

JUDGEMENT

(1.) PETITIONERS are aggrieved against the order passed by the learned trial Court whereby their application under Order 22 Rule 3 to represent Bahadur Chand as his legal heirs was declined.

(2.) THE trial Court has declined such application on the ground that the suit has been filed by Lord Shivji Maharaj, deity, through Bahadur Chand, therefore, the death of Bahadur Chand will not give any right to the L.Rs. to implead themselves as party to the suit.

(3.) LEARNED counsel for the respondents has raised an objection that there is no such prayer in the application and, therefore, they have a right to file independent application before the trial Court.