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2006 Supreme(P&H) 2645

HEMANT GUPTA
Jaimal Singh – Appellant
Versus
Bhagwan Dass – Respondent


Judgment

1. The challenge in the present revision petition is to the order passed by the learned trial Court on 31.3.2006, impleading Bhagwan Dass and Atma Ram as the legal representatives of deceased Jang Singh-plaintiff.

2. The plaintiff Jang Singh has filed suit for possession in respect of land measuring 16 kanal 1 marla, alleging the defendants to be in illegal possession thereof. The challenge is also to a decree dated 5.4.1996 in a suit titled Labh Chand Vs. Jaimal Singh etc. , wherein, the plaintiff has alleged impersonation and fraud by defendant No.2 Jaimal Singh and his son Bag chand in collusion with his brother-in-law Jarnail Singh. The plaintiff jang Singh died on 24.10.2004. Bhagwan Dass and Atma Ram moved an application for impleading the applicants as the legal representatives of the deceased Jang singh on the basis of registered Will dated 19.6.2002 alleged to have been executed by Jang Singh. On the other hand, the defendants relied upon registered Will dated 25.9.1987 allegedly executed by Jang Singh in favour of Bag Chand. The learned trial Court allowed the application filed by bhagwan Dass and Atma Ram and impleaded them as legal representatives of the decease


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