IMPORTANT POINT
Legal Representative--He is bound by the pleadings of the deceased and it is having no legal right to file fresh pleadings after death of original defendant.

Mr. Ram Chand Gupta, J.(Oral) - C.M.Nos.637-638 CII of 2011

Requests for placing on record Annexures P1 to P9.

Both the applications are allowed. Annexures P1 to P9 are taken on record subject to all just exceptions.

Further contends that last page of Annexure P3, at page 50 of the paper-book has not been correctly typed and hence, request is made to replace the same with another page filed today.

The same is taken on record subject to all just exceptions.

Civil Revision No.159 of 2011

2. The present revision petition has been filed under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure (hereinafter to be referred as ‘CPC’) for setting aside impugned order dated 21.12.2010, passed by learned Civil Judge, (Senior Division), Bhiwani, Annexure P10, vide which the application of the plaintiff for returning the written statement dated 7.12.2009, filed by the petitioner- Ch.Bansi Lal Memorial Trust, Bhiwani, Chandigarh, (hereinafter to be referred as the ‘Trust’), Annexure P4, was allowed.

3. I have heard learned counsel for the petitioner-Trust and have gone through the whole record carefully including the impugned order passed by learned Civil Judge, (Senior Division), Bhiwani.

4. Brief facts relevant for the purpose of decision of present revision petition are that a civil suit was filed by respondent no.1-plaintiff for declaration to the effect that she is owner in possession of the immovable properties left by late Ch.Bansi Lal including the double storey house situated at Vijay Nagar, Hansi Gate, Bhiwani, shown in site plan, Annexure P1, and agricultural land measuring 145 kanal 2 marlas situated at Village Bhangarh, District and Tehsil Bhiwani, vide jamabandi for the year 1999-2000, Annexure P2, on the basis of joint Will, dated 6.6.2004, Annexure P3, executed by late Ch.Bansi Lal and his son late Ch.Surender Singh and Will dated 19.7.2005, Annexure P4, allegedly executed by late Ch.Bansi Lal is fraudulent, forged, fabricated, result of misrepresentation, undue influence and coercion, surrounded by suspicious circumstances and the same is illegal, null and void and is liable to be set aside and mutation No.2062, Annexure P5, sanctioned on the basis of alleged registered Will dated 19.7.2005, is also illegal, null and void and liable to be set aside with further relief of permanent injunction to the effect that defendant nos.1 to 5 be restrained from interfering into the peaceful possession of the plaintiff and dispossessing her from the house in dispute.

5. During pendency of suit, defendant no.6-Smt.Vidya Devi, expired. Respondent no.1-plaintiff filed an application that all the legal representatives of Smt.Vidya Devi are already on record and the suit be allowed to proceed further. However, at the same time, an application was filed on behalf of petitioner-Trust through its President Smt.Nirmal Kanta that as Trust was created by Smt.Vidya Devi, hence it be also impleaded as legal representative of Smt.Vidya Devi. The said prayer was allowed by learned trial Court and the Trust through its President Smt.Nirmal Kanta was impleaded as legal representative of defendant no.6.

6. Civil Revision No.7301 of 2009 was also filed against the said order by respondent no.1-plaintiff. However, the said revision was got dismissed as withdrawn with liberty to raise all factual and legal pleas before learned trial Court, vide order dated 7.10.2010, Annexure P6.

7. However, though written statement was filed by defendant no.6 during her lifetime, another written statement was filed on behalf of the Trust after being impleaded as legal representative of Smt.Vidya Devi. Hence, an application was moved on behalf of respondent no.1-plaintiff that the Trust, which was impleaded as legal representative of Smt.Vidya Devi is having no independent right to file separate written statement and hence written statement filed on behalf of the Trust be not taken on the record. The said application was c