HANS RAJ Vs. OM DUTT AND ORS.

JUDGEMENT

(1.) THIS petition is directed against the order dated 19.3.2009 passed by the Civil Judge (Junior Division), Court No. 3, Hamirpur in C.M.A. No. 40/2009 in Civil Suit No. 344/2001.

(2.) MATERIAL facts necessary for the adjudication of this petition are that Respondents -Plaintiffs (hereinafter referred to as 'Plaintiff' for convenience sake) instituted a suit for declaration in the Court of Civil Judge (Junior Division), Hamirpur. Inder Paul, one of the Plaintiffs, died on 15.7.2003. An application was preferred by Sandhia Devi under Order 22 Rule 3 and 9 (2) of the Code of Civil Procedure for bringing on record legal representatives of Plaintiff No. 2 Inder Paul vide C.M.A No. 40/2009. Reply was filed by the Petitioner. Learned trial court framed issues on 28.2.2008. The application was allowed on 19.3.2009. Hence, the present petition.

(3.) MR . Neeraj Maniktala has supported the order dated 19.3.2009.