SEWA SINGH Vs. CHANAN SINGH

JUDGEMENT

(1.) This petition is directed against the order of the trial Court dated 16th February, 1989 where by the application filed by Sewa Singh the present petitioner, claiming himself be the legal representative of deceased Saran Kaur was dismissed.

(2.) In the suit filed by Chanan Singh and others, respondents herein, Saran Kaur was impleaded as a defendant on her application under Order 1 Rule 10, Civil Procedure Code. She died during the pendency of the suit. Sewa Singh, petitioner, who was earlier her Mukhtiar(attorney), filed an application under Order 22 Rule 4, CPC, for bringing him on record as her legal representative on the strength of a will dated 21st July, 1988, executed in his favour. That application was contested on behalf of the plaintiffs on the ground. The trial Court, after allowing to lead evidence, found that Sewa Singh had not been able to dispel all the suspicious circumstances, coupled with the fact that the will was an unregistered document. It was also held that the will was a sham and fabricated document created after the death of Saran Kaur and, accordingly the application was dismissed.

(3.) The learned counsel for the petitioner Sewa Singh submitted that there was no occasion for the trial court to go into the validity of the will as this stage. Sewa Singh was already acting as her attorney and now he claimed on the strength of a will in his favour, and therefore, he should have been allowed to be brought on record without determining the validity of the will. In support of his contention, he referred to Charanjit Singh v. Bharatinder Singh, 1988 AIR(P&H) 123. On the other hand learned counsel for the respondents contended that after seeing the will it in quite evident that it is a forged document and that is being so, Sewa Singh could not be impleaded as the legal representative of Saran Kaur (deceased.)