BAGGA SINGH Vs. NIRANJAN KAUR

JUDGEMENT

(1.) , This is a revision petition under Section 16 of the Punjab Land Revenue Act, 1887, against the order of Commissioner, Faridkot Division, Faridkot dated 30.5.1996 whereby he rejected the application for appointment of impleading legal representatives of the petitioner in case of Mutation No. 11017 village Kot Fatta regarding inheritance of Mukand Singh sanctioned in favour of respondents.

(2.) SH . Rai Singh Chauhan, Advocate, counsel for the petitioner argued that Assistant Collector Ist Grade, Bhatinda sanctioned Mutation in favour of respondents vide his order dated 8.8.94. The appeal of the petitioner was rejected by the Collector, Bhatinda vide his order dated 16.5.1995. In revision petition before learned Commissioner, Faridkot Division, Faridkot an application was moved for bringing on record the legal heir of Bagga Singh alleging that since the said Bagga Singh has died leaving Makhan Singh petitioner behind as his legal heir as per his ''will'' but learned Commissioner filed the case vide his order dated 30.5.96. The counsel contended that as per provisions of Order 22 Rule 3 CPC it is clear that where the sole plaintiff dies, and the right to sue survives the court on an application made in that behalf shall cause the legal representative of the said deceased to be a party and shall proceed with matter. Learned Commissioner had illegally held that application for appointment of impleading legal heir has been filed late to prolong the matter. The counsel urged that Commissioner should have decided the case on merits after impleading the petitioner as legal heir so this revision petition be accepted and impugned order of Commissioner be set aside.