BALWINDER SINGH Vs. JASWINDER SINGH AND ORS.

JUDGEMENT

(1.) THE defendant has filed this revision petition invoking the jurisdiction of this Court under Article 227 of the Constitution of India, challenging the order dated 27.8.2014 passed by the Civil Judge (Sr., Divn.), Rajpura, allowing the application of respondent Nos. 1 to 5 and impleading them as legal heirs of Tej Kaur plaintiff. It is pertinent to observe here that respondent Nos. 1 to 5 who have been impleaded in place of Tej Kaur plaintiff are the sons and grand sons of Tej Kaur. Her husband Kirpal Singh has not been impleaded as legal heir of Tej Kaur. The claim of the defendant - petitioner is that the trial Court ought to have impleaded the husband of Tej Kaur also as legal representative along with other LRs who are respondent Nos. 1 to 5.

(2.) COUNSEL for the defendant -petitioner has relied upon judgments Shism Ram and another Vs. Vijender and others,, 2010 (3) Civil Court cases 317, and Mahender Nath Vs. Satender Nath and others, : 2010 (3) Civil Court cases 284, in support of his contentions that when the trial Court impleads LRs of a deceased party without determining whether they are actually the representatives of the deceased, the said action is illegal. Judgment in Mahender Nath's case (supra) has been relied upon to submit that when there is controversy regarding the impleadment of LRs on the basis of natural succession or on the basis of Will then all the parties may be impleaded as LRs of the deceased. Counsel for the respondents has submitted that Tej Kaur had filed a suit for declaration challenging revenue entry in favour of defendant -petitioner Balwinder Singh by the revenue authorities, defendants Nos. 2 & 3, and that the property in dispute belongs to the father of Tej Kaur, as such being a female, the inheritance would be governed by Section 15 of the Hindu Succession Act, which reads as follow: -

(3.) IT has been argued by the counsel for the respondents that since the property vesting in Tej Kaur could not devolve upon her husband Kirpal Singh, as such, her sons and grand sons had moved an application under Order 22 Rule 3 CPC to be impleaded as LRs of Tej Kaur as the objective of impleadment of LRs is only to implead persons who would pursuant to suit on behalf of deceased plaintiff or defendant and the objective is not to decide the succession or right of inheritance of the property of the deceased party.