The court held that the impleadment of parties is permissible only if they are necessary or proper for effective adjudication, and claims for probate must adhere to limitation periods.

JUDGMENT :

1. Heard the parties and perused their written notes of argument.

2. By the impugned orders dated 28.02.2025 passed separately in two different civil suits, prayer of respondent Nos.8, 9 and 10 above, for impleadment in the suit as party defendants under Order I Rule 10(2) C.P.C., has been allowed.

3. The order passed in Civil Original Case No.355/2005 is under challenge in S.B. Civil Writ Petition No.6352/2025 (supra) and the order passed in Civil Original Case No.3168/2005 is under challenge in S.B. Civil Writ Petition No.6381/2025 (supra).

4. The challenge is on the ground that respondent Nos.8, 9 and 10 are not necessary/proper party to the suit. An effective decree can be passed in the suit without adding them as party. Rather, their impleadment would lead to mis-joinder of cause of action and unwarrantedly would widen the nature and scope of litigation, which ultimately would lead to miscarriage of justice.

5. Factual background of the case is that the suit property is situated at Vallabh Garden near the town of Shivbari. The original Patta was issued in favour of former Maharaja late Sh. Sadul Singh Ji vide Misal No.79 on 21.10.1948. Maharaja Sadul Singh passed away before the Hindu Succession Act, 1956 came into force, as such, the property left by him devolved on his only son Dr. Karni Singh Ji. Later on, Dr. Karni Singh Ji gifted the suit property by gift deed dated 09.03.1959 to his mother late Rajmata Sudarshana Kumari Ji. Rajmata Sudarshana Kumari Ji, vide her Will dated 14.12.1971, created a Trust known as “Rajmata Bagheli Ji Sudarshana Kumari Ji Trust, Bikaner” (hereinafter to be referred as ‘the Trust’). In the said Will, Mr. Anand Singh, Prem Singh and Vidhyadhar Shashtri were named as executors of the Will and Karan Singh, Anand Singh and Rajmata Sushila Kumari Ji (the sons and daughters of Rajmata Sudarshana Kumari Ji) were appointed as trustee. The Will further provided that the referred portion admeasuring 650000 square yard would go to Maharani Sushila Kumari Ji, the daughter of the testatrix. After death of Rajmata Sudarshana Kumari Ji, the executors applied for grant of probate under the Indian Succession Act and in the year 1974, the Court granted probate of the Will. Thereafter, the executors offered the share as per the Will to Rajmata Sushila Kumari Ji, who refused to accept the same, rather informed to the executors that the portion allotted to her be treated as Trust property vide her Letter dated 06.07.1997 at Annexure-6.

6. The brief response of Rajamata Sushila Kumari Ji reads as follows :-

“To.

1. Thakur Prem Singhji, Tendesar House, Bikaner.

2. Thakur Anand Singhji, Rampur House, Civil Lines, Bikaner.

3. Pt. Vidhavadharji Shashtri, Near Alakhsagar Well Bikaner.

Executors, Rajmata Sri Sudarshankumari Ji Sahiba’s Estate, Bikaner.

Dear Sir,

This refers to your letter dated 4^th July 76 wherein some land has been allotted to me in Vallabh Garden as per Will of my mother, The late Rajmata Sudarshan Kumarji,

I am unable to accept the offer as I do not want to take the said property.”

7. The Trust was registered with the Devasthan Department under the Rajasthan Public Trust Act having registration certificate No.5/1984.

8. The case of the petitioners is that the Trust had appointed Mr. Prem Sukh and Mr. Om Prakash as caretaker of the Trust property. The caretakers were allowed to keep their cattle and to graze them over a portion of the Trust property. When the Trust decided to fence its land to avoid any encroachment, the care takers were also asked to vacate the land in their permissive possession, however, greed cropped up with the caretakers and just to pressurize to the Trust, the care taker Prem Sukh filed Civil Suit No.91/2003 only against Rajmata Sushila Kumari Ji and Om Prakash filed Civil Suit No.34/1993 only against Rajmata Sushila Kumari Ji claiming title by adverse possession on the Trust property. Rajmata Sushila Kumari Ji appeared and filed written statement dated 29.11.1995 vide Annexure-5