CHETRAM Vs. KISHA LAL @ DHURIYA

JUDGEMENT

(1.) This revision has been preferred by Chet Ram challenging the order of the trial court dated 16.2.1993 by which the application filed by the petitioner for being impleaded as a party under Order 1 Rule 10 of the Code of Civil Procedure was rejected.

(2.) Counsel for the petitioner submitted that the petitioner was entitled to bring evidence on record showing that the Will on the basis of which he claimed right was a genuine will of the deceased Khyali Ram, but the trial court did not give him any opportunity to bring evidence on record and rejected it superfluously by observing that in the present proceedings pending before it, no evidence could be let on that controversy.

(3.) The argument of the petitioner's counsel appears to be correct. The approach of the trial court is erroneous. As and when the question arises about the heirship of a particular person may be on the basis of inheritance or Will, heirs would be entitled to lead evidence to show that they are legal representatives of the deceased.