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1993 Supreme(Raj) 3

R.BALIA
KALU RAM – Appellant
Versus
CHARAN SINGH – Respondent


Advocates Appeared:
B.M.AGARWAL, S.L.JAIN

Judgment


R. BALIA, J.

( 1 ) THE respondent-Charan Singh filed a suit in the court of Civil Judge, Sriganganagar, against Hazari Ram, since deceased, seeking mandatory injunction, directing the defendant-Hazari Ram to execute a sale-deed in favour of the plaintiff. Hazari Ram died during the pendency of the suit and his widow Musammat Roopi Devi was impleaded as Defendant, as legal representatives of Hazari Ram. The suit filed by the plaintiff-respondent was decreed on 24-51982. Aggrieved with the same, Mst. . Roopi filed an appeal in the Court of Addl. Districat Judge No. 1, Sriganganagar. The appellant Mst. Roopi Devi died during the pendency of appeal, on 7-8-1990. On 30/08/1990, Kalu Ram, the present petitioner before this Court, moved an application under O. 22, R. 4, for being impleaded as Legal. Representative. of Musammat Roopi, on the basis of a registered Will, executed in his favour by Mst. Roopi on 4-8-1990.

( 2 ) A reply to the application was filed, in which it was denied that the applicant was the sole legal representative of the deceased-appellant. It was also alleged that the Will, on the basis of which the applicant claims right to represent the estate of the decea








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