Rajkumari Amrit Kaur vs Maharani Deepinder Kaur And Others on 1 June, 2020
(iii). In view of precedents viz. Usha Rani vs. Lakhbir
Singh, 2012 R.C.R. (Civil) 691, Punjab and Haryana; Ved
Parkash vs. Mst Lajwanti, 996(2) PLR 257 Punjab and
Haryana; Gopi Bhai Manak Lal vs. Mohd. Hussain, AIR 1993
MP 21; Punjab Wakf Board vs. Harbans Singh, 1997(4)
R.C.R. (Civil) 603; Kartara vs. Smt. Phulpati, 2011(3) PLR
216 and Executive Officer vs. Chandran, 2017(3) SCC 702 in
the dispute relating to inheritance, all the legal heirs as per the
Schedule to the Hindu Succession Act, 1956 are required to be
impleaded as necessary parties, otherwise the suit would not be
maintainable. The objection as to the non-joinder was taken at
the earliest opportunity and the same was pressed throughout.
The trial Court in para no.86 has held that the suit is bad for
non-joinder and mis-joinder of the necessary parties, still
decreed the suit. The suit was not properly constituted and the
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RSA Nos.2006, 1418 & 2176 of 2018 (O&M) 514
defect was fatal and the same cannot be remedied now. Even if
the plaintiff is afforded with an opportunity to rectify the defect
as to the non-joinder of the necessary parties at this belated
stage, the suit would fail on the ground of limitation. In view of
above, the suit is bad for non-joinder of necessary parties.