Punjab-Haryana High Court
Murti And Others vs Raj Pal And Others on 3 November, 2014
CR No.7414 of 2014 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CR No.7414 of 2014.
Decided on:-3.11.2014.
Smt. Murti and others .........Petitioners.
Versus
Rajpal and others .........Respondent.
CORAM: HON'BLE MR. JUSTICE DR. BHARAT BHUSHAN PARSOON.
*****
Present:- Mr. Jitender Nara, Advocate
for the petitioners.
Dr. Bharat Bhushan Parsoon, J.
Suit for succession to the estate of Tara Chand son of Nand Lal is pending adjudication before Civil Judge (Junior Division), Charkhi Dadri. Defendants No.3 to 5 and 7 to 12 though are contesting the suit vociferously, are sought to be transposed as plaintiffs No.4 to 12.
2. Application moved by the defendants for their transposition as plaintiffs claiming that they are legal heirs of Tara Chand and are entitled to inherit his estate, has been strongly opposed by defendants No.1, 13 and 14 asserting that they have no right in the suit property and thus, have no right to be transposed as plaintiffs. It is also noteworthy that some of the defendants sought to be transposed as plaintiffs viz. Defendants No.2 and 4 have already been examined in evidence as DW4 and DW5 and have made tough contest to the claim of the plaintiffs on all counts. It is also to be YAG DUTT 2014.11.05 13:01 I attest to the accuracy and authenticity of this document CR No.7414 of 2014 -2- pointedly mentioned that written statement furnished by such defendants also reveals that there are antagonistic divergent claims of such defendants with the plaintiffs and their transposition as plaintiffs legally, is not possible. The lower court had discussed all these aspects in sufficient detail. The impugned order dated 16.7.2014 (Annexure P-3) is well written and well explained.
3. Sequelly, there is no reason to interfere with the impugned order. Affirming the same, this petition, being devoid of any merit, is dismissed.
(Dr. Bharat Bhushan Parsoon)
November 03, 2014 Judge
'Yag Dutt'
1. Whether Reporters of local papers may be allowed to see the judgment? Yes
2. Whether to be referred to the Reporters or not? Yes
3. Whether the judgment should be reported in the Digest? Yes YAG DUTT 2014.11.05 13:01 I attest to the accuracy and authenticity of this document