KAILASH CHANDRA Vs. DEVKINANDAN & ANR

JUDGEMENT

(1.) The facts giving rise to this revision petition under Section 115 of the Code of Civil Procedure ("the Code") are as under :

(2.) A suit was instituted against the defendants- respondents by Gopal Lal, son of Nathulal (the plaintiff). During the pendency of the suit, the plaintiff died, and an application was moved by the applicant-petitioner, within the period of limitation, for being brought on record as the legal representative of the plaintiff on the ground that he was a near relation, being his nephew, and also on the ground that the plaintiff had executed a will during his lifetime, in his favour, and that the will was duly registered. The learned trial court passed an order observing that he would make injuiry about the genuineness of the will. An application was moved by the applicant- petitioner under Order 39, Rules 1 and 2 of the Code, praying for a temporary injunction against the defendants- respondents, but, the application has been disposed of with the observations that no injunction order could be passed till the applicant is brought on record. Feeling aggrieved, the applicant-petitioner has approached this Court by filing this revision petition.

(3.) I have heard the learned counsel for the parties and have also perused the impugned order.