PARDEEP SINGH Vs. SMT. USHA SOD

JUDGEMENT

(1.) The revision petition seeks to challenge the order dated 8.10.1998 passed by the Civil Judge (Sr. Division), Amritsar.

(2.) In a suit filed by father of the petitioners for partition and possession of the share of the property in dispute a decree was passed by the Sr. Sub Judge, Amritsar on 4.12.1981. This order was upheld by the Addl. Distt. Judge, Amritsar on 28.10.1986. On 5.3.1987, Jagdish Rai filed an application for passing of the final decree. During the pendency of this application, Jagdish Raj died. Thereupon the petitioners who are the sons of Jagdish Rai moved an application for being impleaded as legal representatives of the deceased on the basis of a registered will dated 4.10.1986 which was alleged to have been executed by the deceased in their favour. One of their sisters Usha Rani had also moved on application for being impleaded as a party on the ground that she was one of the natural heirs. The executing Court, taking into consideration the arguments addressed before it, brought all the three applicants on record as legal representatives without deciding the validity of the Will as it was of the opinion that as disputed questions of fact and law are likely to be involved therein and, therefore, the same should be got settled separately. Hence, this revision petition.

(3.) I have heard Sh. B.R. Mahajan, Advocate for the petitioners And Sh. Vinod Ku - mar Kataria, Adv. for the contesting respondent and have carefully considered their respective submissions.