Chet Ram vs Vijaypal and Another

L.N. Mittal, J.—In this revision filed under Article 227 of the Constitution of India, challenge is to order dated 14.12.2011 Annexure P/7 passed by the trial court. Suit was filed by Daya Nand plaintiff who died during pendency of the suit. Respondent No. 1 Vijaypal moved application for impleading him as legal representative (LR) of Daya Nand plaintiff alleging that respondent No. 1 is grandson of Kanyaha uncle of Daya Nand plaintiff. On the other hand, Mari filed application for impleading her as LR of Daya Nand plaintiff alleging herself to be daughter of Chajju Ram another uncle of Daya Nand plaintiff. However, before the said application could be decided, Mari also died. Chet Ram petitioner filed application for impleading him as LR of Mari on the basis of her alleged Will in his favour and consequently for impleading him as LR of Daya Nand.

Learned trial court vide impugned order Annexure P/7 has ordered impleadment of respondent No. 1 Vijaypal as LR of Daya Nand plaintiff. Feeling aggrieved, the petitioner has filed this revision petition to assail order Annexure P/7.

I have heard counsel for the parties and perused the case file.

Counsel for the parties admitted that Chet Ram petitioner is also grandson of Lahiri another uncle of Daya Nand plaintiff. There is dispute regarding alleged adoption of Narender respondent No. 2 (defendant No. 1) by Daya Nand plaintiff. Consequently, nothing in this order shall have bearing on the said dispute to be decided in the suit.

Counsel for the parties stated that there was no class-I or class-II heir of Daya Nand plaintiff. Consequently, u/s 8 of the Hindu Succession Act, 1956, agnates of the deceased became his heirs. Petitioner Chet Ram himself is agnate of Daya Nand. Respondent No. 1 Vijaypal is also agnate of Daya Nand plaintiff. Consequently, both of them along with all other agnates, if any, of Daya Nand were his heirs.

In the aforesaid circumstances, the instant revision petition is allowed. Impugned order Annexure P/7 passed by the trial court is set aside being illegal and suffering from jurisdictional error. Both petitioner and respondent No. 1 along with other agnates, if any, of Daya Nand plaintiff are ordered to be impleaded as LRs of Daya Nand plaintiff since deceased for the purpose of the suit subject to all just exceptions. The list of other agnates, if any, shall be furnished by petitioner and respondent no. 1 in the trial court. Pending civil miscellaneous application, if any, is disposed of as having infructuous.