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2016 Supreme(P&H) 2716

REKHA MITTAL
Lal Chand – Appellant
Versus
Dayanand – Respondent


Advocates:
For the Petitioners:Mr. R.D.Yadav, Advocate.
For the Respondents:Mr. R.K.Yadav, Advocate.

JUDGMENT

Mrs. Rekha Mittal, J.: - The present petition directs challenge against order dated 12.8.2013 passed by the Civil Judge (Junior Division). Rewari whereby application of the petitioners for impleading legal representatives of Vijay Pal defendant No. 13 was ordered to be dismissed.

2. Counsel for the petitioners has submitted that the petitioners and proforma respondents filed a suit for declaration that mutation bearing No. 6051 was got sanctioned by Chandgi Ram in excess of his share, therefore, the said mutation and subsequent mutations are not binding on the plaintiffs and mutation qua area measuring 16 kanals 2 marlas be sanctioned in favour of the plaintiffs. The suit was instituted on 19.7.2010 in which Vijay Pal was impleaded as defendant No. 13. On the process issued by the Court for service of Rohit and Vijay Pal sons of Vidha @ Lali, a report dated 19.1.2011 was received that Rohit and Vijay Pal are not residing in the village and they are residing somewhere in Delhi. Later, the petitioners and proforma respondents (plaintiffs) came to know that Vijay Pal has passed away and the instant application was filed for bringing on record his legal representatives. It is a







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