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Punjab-Haryana High Court

Mohan Lal @ Durga Singh Son Of Late Sh. ... vs Dharam Pal Son Of Late Sh. Tirlok Chand @ ... on 9 May, 2013

Author: K. Kannan

Bench: K. Kannan

CR No.3143 of 2011                                                      1

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH


                                        CR No.3143 of 2011(O&M)
                                        Date of decision: 09.05.2013

Mohan Lal @ Durga Singh son of late Sh. Tarlok Chand alias Tilok
Chand son of Sh. Panna, resident of Gali No.3, Indira Colony, Hisar.

                                                           .....Petitioner

                                 VERSUS

Dharam Pal son of late Sh. Tirlok Chand @ Tilok Chand son of Panna,
resident of village Ramnagaria, Tehsil and District Sirsa and others

                                                           .....Respondents


CORAM: HON'BLE MR. JUSTICE K. KANNAN

1.    Whether reporters of local papers may be allowed to see the
      judgment? No

2.    To be referred to the reporters or not? No

3.    Whether the judgment should be reported in the digest? No

Present:    Mr. Amandeep Singh, Advocate for
            Mr. P.S. Jammu, Advocate for the petitioner.

            Mr. B.S. Mittal, Advocate for respondent.

         *******
K. KANNAN, J.(ORAL)

1. The revision petition is against the order allowing the application for impleading the legal representatives of the deceased sole plaintiff. The application was moved at the instance of the doctors who claimed under Will said to have been executed by the mother. The defendants, who were the sons, contested the application. According to them the Will was not true and the daughters could not be impleaded. CR No.3143 of 2011 2 The impleadment cannot be denied to the daughters, who would be even otherwise legal heirs and they would be entitled to contest for such position as deceased mother was contending for in the suit. No prejudice would be cahused by the impleadment. The revision petition is without merit.

2. Petition is dismissed.





09.05.2013                                        [ K. KANNAN ]
Diwaker Gulati                                       JUDGE