MAHANT MADHO RAM Vs. GIRI RAM

JUDGEMENT

(1.) This application under Order 22 Rule 3 read with Section 151 of the Code of Civil Procedure has been filed by applicant with the prayer to bring him on record as the legal representative of deceased Mahant Madho Ram, Appellant/Plaintiff in RSA No. 14 of 1995. It is averred that during the pendency of the said appeal, the sole Appellant/Plaintiff Mahant Madho Ram died on September 17,1998 leaving behind the applicant as his sole legal representative vide Will dated January 19, 1993.

(2.) The Respondents/Defendants have contested the application on the grounds that the applicant is not the legal representative of the deceased Appellant/Plaintiff, that the Will aforesaid stands cancelled and revoked in view of the subsequent Will dated July 29, 1998 and that the affairs of the temple are being managed by a Managing Committee. It is also averred that apart from the applicant, the deceased had left behind his widow Biaso, daughters Sarla Devi, Urmila Devi, Nirmala Devi and Rita Devi, therefore, all the heirs of the deceased have to be brought on record.

(3.) I have considered the arguments advanced by the learned Counsel for the parties and have also gone through the relevant record.