VIJAY KUMAR TALWAR vs NIRMAL TALWAR

- THIS appeal has been filed against the order dated 26th of May, 1995 passed by the learned District Forum, Ambala, by which a misc. application seeking permission to be impleaded as a necessary party to the complaint pending before the Forum has been rejected.

WE have heard the learned Counsel for the appellant and have gone through the order under appeal. The application has been made by Mr. Vijay Kumar Talwar on the ground that his late father Mr. B.L. Talwar had executed some Will on 6th of April, 1994. On the basis whereof, he was entitled to some movable and immovable property. Therefore, he should be allowed to participate the proceedings. In fact, the present complaint has been filed by one Mrs. Nirmal Talwar against the Central Bank of India for the realisation of the amount of two Fixed Deposit Receipts, which were in the joint names of the deceased B.L. Talwar and the complainant Mrs. Nirmal Talwar payable to "either or survivor" of both of them. Since the dispute is between the complainant and the Bank in respect to the Fixed Deposit Receipts, the application of Vijay Kumar Talwar is wholly misconceived. He had already filed a civil suit on the basis of the Will and he can recover the amount from the complainant if any found due, in accordance with law. In these circumstances he is not a necessary party to the complaint filed by Mrs. Nirmal Talwar against the Central Bank of India. Accordingly, the appeal is dismissed with no order as to costs. Appeal dismissed without costs.