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SANDEEP V. MARNE
Nasim Razzak Ghanchi – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Sandeep V. Marne, J.
1. By this petition, Petitioners challenge Order dated 6 July 2024 passed by the learned Judge of the Small Causes Court, by which application filed by them at Exhibit-29 for bringing them on record as legal representatives of deceased Plaintiff has been rejected and application at Exhibit-27 filed by Respondent No.2 has been allowed directing impleadment of Respondent No.2 as legal representative of the deceased Plaintiff. Petitioners have been directed to be impleaded as Defendant Nos. 2 and 3 in the suit.
2. There appears to be a contest between Petitioner No. 1 and Respondent No. 2 about their status as the legally wedded wife of the deceased Plaintiff as on the date of his death. Petitioners claim that Respondent No. 2 was already married to another man and without securing divorce in respect of her first marriage she has erroneously set up a claim about marriage with the deceased Plaintiff. It is further contended by the Petitioners that Petitioner No.2 is undisputedly the son born out of wedlock between the deceased Plaintiff and Petitioner No.1. Petitioners dispute the contention of Respondent No. 2 that there was divorce between the deceased Te
The determination of legal representatives under Order XXII Rule 5 is a summary inquiry focused on representation in the suit, not on resolving inheritance rights.
Legal representation in appeals must be determined through proper inquiry and evidence, not conjecture, as mandated by procedural law.
Merely because the evidence of respondent/defendant and Prabhakar Rao (PW-2) was not repeated all over again, it cannot be held that the appellant/ plaintiff could be non-suited on this ground.
The main legal point established in the judgment is the mandatory requirement for the court to determine the legal representative of a deceased party when a dispute arises, as per Order 22 Rule 5 of ....
Legal representatives must prove entitlement based on wills; mere claims without proof are insufficient.
Determination of legal representatives under Order 22, Rule 5 CPC is limited to ongoing proceedings and does not confer property rights among rival claimants.
Point of Law : Code of Civil Procedure enjoins various provisions only for the purpose of avoiding multiplicity of proceedings and for adjudicating of related disputes in the same proceedings, the pa....
The main legal point established in the judgment is that the legatees under a Will become legal representatives and when the execution of a Will is disputed, an inquiry must be held as per Order XXII....
Legal representatives of a deceased defendant must disclose independent right to introduce new evidence or defences; merely adopting the predecessor's position limits their actions.
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