HARDEV SINGH Vs. PUNI DEVI AND OTHERS

JUDGEMENT

(1.) Civil suit bearing No. 133/1 of 2011 was instituted by one Ran Singh against his son and grand son. In the instant civil suit he claimed a decree for possession. However, during the pendency of civil suit bearing No. 133/1 of 2011, before the learned Civil Judge (Senior Division) Court No. 1, Paonta Sahib, District Sirmour, the aforesaid Ran Singh expired. On his demise, his widow one Punni Devi instituted an application cast under the provisions of Order 22 Rule 3 CPC, wherein she, on demise of her husband, claimed an exclusive right for representing his estate, right whereof stood anvilled upon her deceased husband making a testamentary dispositions qua it vis-a-vis her. However, in paragraph-3 of the application, she has averred of besides her, one Jasbir Singh, Ajmer Singh, Jaspal Singh, Gurmit Kaur and Smt. Satto, being respectively the sons and daughters of her deceased husband, from the latters' previous marriage. The learned trial Court, though, issued notice upon the aforesaid application, vis-à-vis the contesting defendants, yet it failed to issue notice upon the persons referred in paragraph-3 of the application, (i) who purportedly, unless the Will propounded by Puni Devi was judicially validated, hence held alongwith her an inheritable right in the estate of deceased Ran Singh, (ii) besides thereupon, they, on his demise, too were competent, to hence represent his estate AND claim their addition in the array of co-plaintiffs. Even though, no imperative obligation is cast upon the Court below, for issuing any pre-adjudication notice upon the aforesaid application upon all the purported LRs of the deceased litigant concerned, (iii) yet when one Puni Devi had averred of deceased Ran Singh leaving behind certain persons, who thereupon may purportedly hold alongwith her an inheritable right(s) in the estate of Ran Singh, (iv) besides when the contesting defendant had in their reply thereto, contended that the relevant testamentary disposition, wherein Puni Devi was constituted, as the solitary legatee being a fraudulent document, thereupon in the light of the mandate of provisions of Order 22 Rule 5 CPC, the provisions whereof stand extracted hereinafter:

(2.) Consequently, the impugned order is reversed and set aside. The matter is remanded to the learned trial Court to, after affording opportunities to all the purported legal representatives of deceased Ran Singh, to, in accordance with law, make a befitting verdict qua theirs', on demise of one Ran Singh, being entitled to represent his estate. The parties are directed to appear before the learned trial Court on 27.11.2017. All pending application(s), if any, are also disposed of.