SHIV Vs. RAM LAL & ORS.

JUDGEMENT

(1.) This writ petition is directed against the order dated 21.03.2012 passed by the trial court, whereby the application filed by the petitioner under Order 22, Rule 3 and 10 Code of Civil Procedure and Order I, Rule 10 Code of Civil Procedure read with Sec. 151 Code of Civil Procedure has been rejected.

(2.) The plaintiff Ram Lal filed a suit seeking cancellation of sale deed executed by one Trilok in favour of Mahadev. Trilok filed written statement and along with written statement, he filed counter-claim also. During pendency of the suit, Trilok died and on a representation made before the trial court, with the consent of the parties, name of Trilok was ordered to be deleted from the array of parties.

(3.) The petitioner on the strength of a Will said to have been executed by Trilok in his favour filed application under Order 22, Rule 3 and 10 Code of Civil Procedure and Order I, Rule 10 Code of Civil Procedure before the trial court seeking impleadment as legal representatives of Trilok mainly in the counter-claim.