JUDGMENT

1. This writ petition has been filed by the petitioner aggrieved against the order dated 20.01.2022 (Annex.5) whereby application filed by respondent under Order XXII Rule 3 CPC has been accepted.

2. Suit was filed by one Jaisaram, seeking cancellation of the gift-deed dated 20.01.2011 executed in favour of petitioner. During pendency of the suit, Jaisaram died and he was not survived by any natural heir, an application was filed by respondent Pawan Kumar, based on a Will, said to have been executed in his favour in the year 2010, which was registered on 20.02.2018 for being impleaded as legal representative of Jaisaram.

3. The application was contested by the petitioner.

4. The trial court by its order impugned came to the conclusion that based on the Will executed in favour of respondent Pawan Kumar, his application deserves to be allowed and allowed the same.

5. Learned counsel for the petitioner made submissions that the trial court was not justified in impleading Pawan Kumar as legal representative of deceased Jaisaram, inasmuch as he has not obtained the Probate of Will in question and that the court below should have made an enquiry under Order XXII Rule 5 CPC regarding