HARBHAJAN SINGH Vs. CHANAN SINGH AND OTHERS

JUDGEMENT

(1.) THIS judgment will dispose of two petitions, Civil Revision Nos. 177 and 208 of 1963, both arising out of the judgment of the Subordinate Judge, Phillaur, appointing Pritam Singh second respondent in both the petitions as a legal representative of Smt. Santi to proceed with the suit which she had filed before her death.

(2.) FOR a full comprehension of the dispute between the different persons who claim the right to be appointed as legal representatives of deceased Smt. Santi, the following pedigree -table is set out

(3.) ON behalf of Pritam Singh who has been represented before me by his learned counsel Mr. Sarin, two preliminary objections have been raised. It is contended in the first instance that no petition for revision lies from an order appointing a person as a legal representative of the deceased to continue the suit filed by him. It is further urged that the suit to continue in which Pritam Singh was appointed legal representative having been dismissed, the petitions for revisions have in any event become infructuous. On merits it is the case of Mr. Sarin that the trial Judge has appraised the two testamentary dispositions which had been made in favour of the respondents Pritam Singh and Harbhajan Singh, the former being a registered document an the later and unregistered one and the Courts' conclusion on the question of fact is unassailable in these proceedings.