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2014 Supreme(Raj) 558

ARUN BHANSALI
Sulkhan Singh – Appellant
Versus
Jagmohan Singh – Respondent


Advocates Appeared
H.S. Sidhu, for Petitioner/s;
B.S. Sandhu, for Respondent Nos. 3 to 5

Hon'ble BHANSALI, J.—This writ petition is directed against the order dated 18.9.2014 passed by Special Judge (N.D.P.S. Cases), Hanumangarh, whereby application under Section 151 CPC filed by the petitioners has been dismissed.

2. The facts in brief may be noticed thus : respondents Jagmohan Singh and Sukhdev Singh filed a suit on 24.7.1996 seeking cancellation of will dated 8.10.1974 against Bhupendra Singh, Gurvendra Singh, Kaur Singh and Karnail Singh. The will was executed by Late Jangeer Singh in favour of Kaur Singh and Karnail Singh.

3. The trial court by order dated 7.1.1998 directed to proceed ex-parte against defendant No.4 Karnail Singh and the suit proceeded.

4. On 17.3.2012, Karnail Singh filed application under Order IX, Rule 7 CPC for setting ex-parte order dated 7.1.1998.

5. The application was opposed by the plaintiffs Jagmohan Singh and Sukhdev Singh. However, during the pendency of the said application, Karnail Singh died on 17.4.2012 and by order dated 24.5.2014, the petitioners Sulkhan Singh and others were impleaded as legal representatives of Karnail Singh on an application filed under Order XXII, Rule 4 CPC by the plaintiffs, whereafter the application filed by


































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