IMPORTANT POINT
The main legal point established in the judgment is the entitlement of Class-II legal heirs to be impleaded as the legal heirs of the deceased defendant, and the dismissal of applications by other claimants as not necessary and proper parties to the present suit.

JUDGMENT (Oral)

I.A. 6723/2022 (u/O XXII Rule 4 r/w Order I Rule 10 & Section 151 of CPC, 1908 by applicant/Ved Vyas, Special Power of Attorney Holder of surviving legal heirs of the deceased defendant for bringing the applicants as the legal heirs of the deceased defendant on record)

1. An application has been filed by the applicants to be substituted as legal heirs of the deceased defendant Surendra Mohan Tarun, claiming themselves to be his Class-II legal heirs.

2. It is submitted in the application that the defendant was a bachelor and he died in Safdarjung Hospital on 16.11.2021. The applicants are all the cousin brothers and sister of the deceased. They had performed the last rites of the deceased and are entitled to be impleaded as the legal heirs. The application is supported with a family tree which shows that Sh. Basant, father of deceased defendant Surendera Mohan had three brothers namely Shri Kotu Ram Gupta who died on 01.01.1969, Shri Surinder Dass who died before partition and Late Shri Teerth Ram who died on 07.06.1967. The applicants are the son and daughters of Late Shri Teerth Ram and Late Shri Kotu Ram Gupta.

3. The plaintiffs have contested the application who have submitted that the applicants have not placed on record any documentary evidence or material in support of their assertions. They are not entitled to be impleaded as the legal heirs of the deceased defendant.

4. Ms. K. Jeevan Rita Murthy, has also filed an application for substitution and has also filed a detailed reply denying the right of the applicants to be impleaded as the legal heirs of the deceased defendant.

5. Submissions heard.

6. It is an admitted fact that Surinder Mohan Tarun, defendant had died on 16.11.2021 as a bachelor and has no Class-I legal heirs surviving him. He was the only son of his father Late Shri Basant who had died before the partition. Therefore, it is evident that there is no Class-I legal heir of defendant Surinder Mohan Tarun.

7. The applicants as per the Family Tree chart attached along with the application, are the legal heirs of the two brothers (Shri Teerth Ram and Shri Kotu Ram Gupta) of the father of deceased defendant late Shri Basant. They are, therefore, the Class-II heirs in Category-VII, there being no other legal heir in the categories from I to VI of Class-II legal heirs.

8. They are, therefore, impleaded as the defendants being Class-II legal heirs of deceased defendant Surinder Mohan Tarun.

9. The application if accordingly allowed. Amended memo of parties be filed by the plaintiff within fifteen days.

I.A. 10026/2022 (u/O XXII Rules 4 & 5 of CPC, 1908 by applicant/plaintiff for bringing on record the legal heirs of deceased defendant)

10. An application has been filed on behalf of the plaintiff for bringing on record the LRs of deceased defendant.

11. It is submitted in the application that the application had been moved on behalf of the applicants/legal representatives of the defendant to be substituted as the Class-II legal heirs. The plaintiff asserted that he has no knowledge about the legal heirs/legal representatives of the deceased defendant. He also is not aware if the application in I.A.6723/2022 are genuine or not. A prayer is, therefore, made to direct the Subordinate Court to conduct any inquiry to ascertain the legal representatives of the deceased defendant.

12. Submissions heard.

13. There is no merit in the application of the plaintiff for conducting an inquiry to ascertain the legal representatives of deceased defendant, since the application I.A.6723/2022 has been filed by the Class-II legal heirs of the deceased defendant.

14. There is no merit in the application which is hereby dismissed.

I.A. 19418/2022 (u/O XXII Rule 4 r/w Order I Rule 10 & Section 151 of CPC, 1908 by applicant/K. Jeevan Rita Murthy for his substitution as legal representative of deceased defendant and bring him on record)

I.A. 21703/2023 (u/O I Rule 10 r/w Section 151 of CPC, 1908 by applicant/Shambhu seeking his impleadment