GOURI SHANKER Vs. DINA NATH

JUDGEMENT

(1.) Petitioner Chajur Ram and Vijay Kumar have filed this CMP for being brought on record as legal representatives of Dina Nath defendant in COS No. 250/86 allegedly on the ground that the deceased had executed a deed of will in their favour on 27-11-1986. The prayer of the petitioners has been opposed by the plaintiffs on various grounds as detailed in the objections filed on their behalf.

(2.) The facts giving rise to the filing of the present petition are that the plaintiffs herein filed a civil suit No. 250/-1986 under S.92 of the C.P.C. praying that a decree removing defendant 1 from the trusteeship of Shri Vinayak Mishar Dharamshala, Below Gumat, Jammu, a public charitable trust, directing him to render accounts of the entire period he acted as trustee and appointing new trustee in his place be passed in their favour and against the defendant 1. Mr. Sehjal the learned counsel appearing for the defendants informed the Court on 20-3-1987 that defendant 1 has died, and the case was directed to be listed again for further proceedings. Meanwhile C.M.P. No. 13 of 1987 was filed with the prayer for bringing on record the petitioners herein as the legal representative of the deceased respondent-defendant.

(3.) I have heard the learned counsel for the parties and have perused the record.