TOPKHANADESH GRAH NIRMAN SAHAKARI SAMITI LIMITED Vs. KALU

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the order dtd. 28/5/2018 passed by the learned District Judge, Jaipur Metropolitan in Civil Misc. Application No.13222/2014 whereby, an application filed by the respondents no.2/1 to 2/9 under Order 22 Rule 3 read with Sec. 151 CPC for taking on record them as legal representatives of deceased Ram Naraian Saini, the power of attorney holder and legatee of the deceased applicant no.2, has been allowed.

(2.) The relevant facts of the case are that the respondent no.1 Shri Kaluram and the deceased respondent no.2, Shri Jodharam Saini filed an application under Order 9 Rule 13 CPC dtd. 17/5/2014 for setting aside an ex parte judgement and decree dtd. 7/12/1993 passed against them and late Shri Sheoram in a suit for specific performance filed by the petitioner herein. During its pendency, stating that not only the original applicant no.2 has expired, but, his power of attorney holder Shri Ram Narain Saini has also expired in whose favour, a Will dtd. 5/4/2014 was also executed by the applicant no.2 conferring upon him right to contest the litigation and they being the legal representatives of deceased Shri Ram Narain Saini, be impleaded as such, the respondent no.2/1 to 2/9 filed an application as stated herein above. The application has been allowed by the learned Trial court vide its order dtd. 28/5/2018, the subject matter of challenge in the instant writ petition.

(3.) Assailing the order, Ms. Suruchi Kasliwal, learned counsel for the petitioner contended that the application filed by the respondent no.2/1 to 2/9 was bereft of the requisite averments so as to maintain it under Order 22 Rule 3 CPC in as much as even the date of death of the applicant no.2, Shri Jodha Ram was not mentioned therein.