HAKIM DIN Vs. AKBAR NOOR

JUDGEMENT

(1.) Through the medium of the instant revision petition filed under Sec. 115 of CPC, the petitioner has thrown challenge to order dtd. 14/7/2011 (for short, 'the impugned order') passed by the court of Sub-Judge Rajouri (for short, 'the trial court') in case titled as "Hakam Din vs. Mohd. Rafiq and Ors.'.

(2.) The facts emerging from the petition would reveal that the petitioner herein filed a suit as plaintiff for declaration and possession against three defendants including defendant 1 namely Mohd. Rafiq.

(3.) The plaintiff/petitioner herein during the pendency of the suit filed an application for impleadment of the legal heirs of the defendant Mohd. Rafiq on the premise that the said defendant had died and since succession has opened up to the legal heirs of the deceased defendant in terms of Muslim law of inheritance and as such, they need to be impleaded as party to the suit.