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2018 Supreme(P&H) 1835

AMIT RAWAL
Joginder Kaur – Appellant
Versus
Bhag Singh – Respondent


Advocates Appeared:
For the Petitioner: Mahavir Sandhu
For the Respondent: Amit Jain, Parminder Singh

JUDGMENT :

Amit Rawal, J.

The petitioner-plaintiff is in revision petition against the impugned order dated 19.11.2012 (Annexure P-3), whereby an application moved for impleading the LRs of defendant No.5, namely, Mohinder Kaur and for amending the written statement by treating it as a counter-claim, has been allowed by transposing them as co-plaintiffs.

2. Mr. Mahavir Sandhu, learned counsel appearing on behalf of the petitioner-plaintiff submits that the order impugned is not sustainable in the eyes of law in view of the provisions of Order 23 Rule 1-A of the Code of Civil Procedure (in short 'CPC') and the remedy of LRs lies elsewhere.

3. He further submits that until and unless the LRs are impleaded in their individual capacity, they cannot set up a different plea and take a different stand than one already taken. The suit has been filed by the plaintiff seeking following relief:-

"Suit for a decree for declaration to the effect that the plaintiff has got right of inheritance in the estate left by Shri Chhaja Singh to the extent of 1/2 share in the l and bearing Khewat/Khatauni No. 13/15, 16, 24/53, 25/54, Khasra No.307//103/2 min (4-10), 307//103/2 min (4-9), 1- 888//307/13/4 (0-2)































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