JAIMAL SINGH Vs. BHAGWAN DASS

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned trial Court on 31.3.2006, impleading Bhagwan Dass and Atma Ram as the legal representatives of deceased Jang Singh-plaintiff.

(2.) The plaintiff Jang Singh has filed suit for possession in respect of land measuring 16 kanal 1 marla, alleging the defendants to be in illegal possession thereof. The challenge is also to a decree dated 5.4.1996 in a suit titled Labh Chand Vs. Jaimal Singh etc., wherein, the plaintiff has alleged impersonation and fraud by defendant No.2 Jaimal Singh and his son Bag Chand in collusion with his brother-in-law Jarnail Singh. The plaintiff Jang Singh died on 24.10.2004. Bhagwan Dass and Atma Ram moved an application for impleading the applicants as the legal representatives of the deceased Jang Singh on the basis of registered Will dated 19.6.2002 alleged to have been executed by Jang Singh. On the other hand, the defendants relied upon registered Will dated 25.9.1987 allegedly executed by Jang Singh in favour of Bag Chand. The learned trial Court allowed the application filed by Bhagwan Dass and Atma Ram and impleaded them as legal representatives of the deceased Jang Singh.

(3.) Learned counsel for the petitioners has vehemently argued that the petitioners are the legal heirs of deceased Jang Singh on the basis of registered Will dated 25.9.1987 and that the learned trial Court has allowed the application filed by Bhagwan Dass and Atma Ram without deciding the validity of either of the Wills. Thus, the order impleading Bhagwan Dass and Atma Ram, is not sustainable in law. Learned counsel has relied upon a judgment of this Court reported as Charanjit Singh and another Vs. Bharatinder Singh and others 1987(1) PLR 403 , to contend that as the petitioners are relying upon a Will, they should have been impleaded as the legal representatives. In the alternative it was argued that the petitioners should also be impleaded as legal representatives apart from Bhagwan Dass and Atma Ram to represent the estate of Jang Singh for the purpose of the present suit.