Punjab-Haryana High Court
Anita Rani vs Rajesh Arora And Others on 1 December, 2012
Author: A.N. Jindal
Bench: A.N. Jindal
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Revision No. 6837 of 2006 (O&M)
Date of decision: December 01, 2012
Anita Rani
.. Petitioner
Vs.
Rajesh Arora and others
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Sanjiv Gupta, Advocate for the petitioner.
Mr. Jatinder Nagpal, Advocate for respondent No.1. Mr. R.K. Shukla, Advocate for respondents No.2 & 3.
A.N. Jindal, J Pooja Arora (since deceased) had filed a suit for declaration claiming 1/4th share in the property left by her father late Sh. Sadhu Ram. During the pendency of the suit, she died on 27.5.2006 at Chandigarh and succeeded by her husband Rajesh Arora, who moved an application for impleading/substituting him in place of her, being her husband. The application was allowed on 14.11.2006 which is now under challenge before this Court.
It is not in dispute that Pooja Arora had died on 27.5.2006 and she raised the claim for 1/4th share along with defendants No.1 to 3 in the suit property and in the natural course, Pooja Arora did not leave any other legal heir behind except her husband. Now the question is, "whether her husband is the legal representative, in other words, whether he could substitute Poojaj Arora, on her death, as plaintiff?"
Learned counsel for the plaintiff has agitated the issue while saying that since the property was inherited by the Pooja Arora, from her father, therefore, on the death of Pooja Aarora, the property would return to the heirs of her father i.e. class-I legal heirs and not to the husband. Since no right to sue survives to the respondent-husband Rajesh Arora, therefore, he cannot be impleaded as legal representative of Pooja Arora.Civil Revision No. 6837 of 2006 (O&M) -2-
Having heard the contentions, this court is of the opinion that the words "legal representative" are quite differently interpreted then the words "legal heirs". Before Rajesh Arora was to open his mouth regarding his right in the property on the death of Pooja Arora, the petitioner wants to shut his mouth with the contention that since she could not inherit the property, therefore, cannot be impleaded as legal representative. Legal representative, under Section 2 (11) of CPC, is the person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative capacity the person on whom the estate devolves on the death of the party so suing or sued. The Section 2 (11) of the Code is divided into two parts. The first part covers the persons who represents or intermeddles with the estate of the deceased. It is always not a legal requisite that only the heirs should figure as legal representatives. The procedural law requiring representation will stand satisfied if there is substantial representation in the sense that all that could be done by the deceased should be done by the person who intermeddles or is interested in the estate of the deceased. Similar observations were made in case Subramania v. Masterley, AIR 1976 Madras 303, wherein it was observed as under :-
"3. All that is necessary to see is whether in the execution sale proceedings there was proper representation by the judgment debtor or his legal representatives. It is always not a legal requisite that inevitably, only the heirs, all of them or any of them, should figure as legal representatives. The procedural law requiring representation will stand satisfied if there is substantial representation in the sense that all that could be done was done by some one interested in the issue in the suit......"
Legal representative includes executor of the Will of the deceased testator. This view stands supported by the judgment delivered in case Chiranjilal Shrilal Goenka vs. Jasjit Singh, (1993) 2 SCC 507. A legal representative in the given case need not be surviving spouse, son, daughter, father or mother of the deceased tenant living with tenant. The Civil Revision No. 6837 of 2006 (O&M) -3- legal representative ordinarily means a person who in law represents the estate of the deceased person or persons on whom the estate devolves on the death of the individual and he need not be beneficiary owner. An intermeddler though not the legal heir or though a stranger becomes a legal representative; he need not be a beneficial owner. Thus, it would be difficult to say that the husband being the class-I heir as per Section 15 (1) of the Hindu Succession Act cannot represent the estate of the deceased. However, the question, "whether he has any right in the property or the property of the deceased could not devolve upon him could be independently decided by the court while adjudicating the lis between the parties and after hearing the pleas as set up or to be set up by the plaintiff/respondent in the case.
Resultantly, finding no merit in the petition, the same is dismissed.
December 01, 2012 (A.N. Jindal) deepak Judge