Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Suit for eviction

Friday, January 08, 2010
Suit for eviction

Suit for eviction — Death of original plaintiff — Apellant, herein, the brother of the deceased plaintiff filed an application for substitution/impleadment as heir and legal representative of the deceased plaintiff claiming the suit premises on the allegation that the deceased plaintiff had executed a Will in his favour — The learned Civil Judge rejected the application for substitution/impleadment filed by the appellant on the ground that the Will of the deceased plaintiff did not seem to have been executed by him and, therefore, the appellant was not entitled to be substituted/impleaded in the suit for eviction as he was not the legal representative of the deceased plaintiff — Said order of the learned Civil Judge affirmed by the High Court in a writ application — Appeal against — Contention of the learned counsel for the appellant that since a separate probate proceeding has already been instituted by the appellant for grant of probate in the competent Court of Law which is now pending, the only course open to the court was to substitute or implead the appellant in the eviction proceeding along with natural heirs and legal representatives of the deceased plaintiff, that is to say, the entire proceeding should be carried on not only by the natural heirs and legal representatives of the deceased plaintiff but also by the appellant subject to grant of probate by a competent court of law — Held, tenable — Impugned order of the High Court is liable to be interfered with and the application for impleadment filed at the instance of the appellant on the basis of the Will alleged to have been executed by the deceased plaintiff must be allowed and the appellant must be impleaded in the suit along with the natural heirs and legal representatives of the deceased plaintiff, subject to grant of probate by a competent court of law — Order of the High Court is set aside and the application for impleadment filed by the appellant is allowed — Appeal allowed.

 
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