Hakim Din vs Akbar Noor

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 723

JAVED IQBAL WANI
Hakim Din – Appellant
Versus
Akbar Noor – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Rajesh Bhushan
For the Respondent: Abhishek Wazir

JUDGEMENT

1. Through the medium of the instant revision petition filed under Section 115 of CPC, the petitioner has thrown challenge to order dated 14.07.2011 (for short, 'the impugned order') passed by the court of Sub-Judge Rajouri (for short, 'the trial court') in case titled as "Hakam Din vs. Mohd. Rafiq & Ors.".

2. The facts emerging from the petition would reveal that the petitioner herein filed a suit as plaintiff for declaration and possession against three defendants including defendant 1 namely Mohd. Rafiq.

3. The plaintiff/petitioner herein during the pendency of the suit filed an application for impleadment of the legal heirs of the defendant Mohd. Rafiq on the premise that the said defendant had died and since succession has opened up to the legal heirs of the deceased defendant in terms of Muslim law of inheritance and as such, they need to be impleaded as party to the suit.

4. The application filed by the plaintiff/petitioner herein came to be opposed by the defendants/respondents herein, inter alia on the grounds that the deceased defendant died on 06.12.2006 and that the plaintiff/petitioner herein was required to bring his legal heirs on record within the prescribed