KALU RAM Vs. CHARAN SINGH

JUDGEMENT

(1.) The respondent-Charan Singh filed a suit in the court of Civil Judge, Sriganganagar, against Hazari Ram, since deceased, seeking mandatory injunction, directing the defendant-Hazari Ram to execute a sale-deed in favour of the plaintiff. Hazari Ram died during the pendency of the suit and his widow Musammat Roopi Devi was impleaded as Defendant, as legal representatives of Hazari Ram. The suit filed by the plaintiff-respondent was decreed on 24-51982. Aggrieved with the same, Mst..Roopi filed an appeal in the Court of Addl. Districat Judge No. 1, Sriganganagar. The appellant Mst. Roopi Devi died during the pendency of appeal, on 7-8-1990. On 30/08/1990, Kalu Ram, the present petitioner before this Court, moved an application under O. 22, R. 4, for being impleaded as Legal. Representative . of Musammat Roopi, on the basis of a registered Will, executed in his favour by Mst. Roopi on 4-8-1990.

(2.) A reply to the application was filed, in which it was denied that the applicant was the sole legal representative of the deceased-appellant. It was also alleged that the Will, on the basis of which the applicant claims right to represent the estate of the deceased is void and no succession certificate of probate has been filed in support of claimant's right to inherit the estate of Musammat Roopi. The Addl. Sessions Judge No. 1, by his order dated 17-8-1991, rejected the applicant's application and ordered that the appeal is abated. Hence, this petition before this Court.

(3.) Learned counsel for the petitioner has urged that the learned lower-appellate court has committed material irregularity and illegality in exercise of jurisdiction, in not appreciating the distinction between the concept of 'legal representative' for the purpose of representing the estate of a deceased litigant in the proceedings before it, and, a 'legal heir', entitled to succeed to the property left by the deceased. In the proceedings under O. 22, R. 4, the court is only required to determine whether a person, claiming to represent the estate of deceased before tfie court in the proceedings pending before it; has any such right to represent the estate, or not and, if he has sufficient interest to represent the estate of deceased-litigant in the proceedings before the court, then he is to be impleaded as a 'legal representative'.