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2018 Supreme(P&H) 4506

RAJ MOHAN SINGH
Rampal – Appellant
Versus
Saroj – Respondent


Advocates Appeared:
Mr. Nonish Kumar, Advocate, for the Appellant; Mr. Akshay Jindal, Advocate, for the Respondent Nos. 1 to 4

JUDGMENT

Raj Mohan Singh, J.(Oral) - Vide this common order, CR No.6861 of 2017 titled Rampal and others vs. Saroj and others and CR No.6906 of 2017 titled Rampal and others vs. Saroj and others are being decided. Since common question of law is involved in the aforesaid revision petitions, for brevity, the facts are being taken from CR No.6861 of 2017.

2. In CR No.6861 of 2017, petitioners have assailed the order dated 29.08.2017 passed by Civil Judge (Junior Division), Karnal whereby application filed by respondents No.1 to 4 under Order 1, Rule 10 CPC has been allowed and they have been brought on record as legal heirs of plaintiff Rajesh Kumar.

3. In CR No.6906 of 2017, petitioners have assailed the order dated 03.08.2017 passed by Civil Judge (Junior Division), Karnal whereby application under Order 1, Rule 10 CPC filed by respondents No.1 to 3 has been allowed and they have been brought on record as legal heirs of deceased Rajesh Kumar.

4. Admittedly, the plaintiff got the property from maternal side. Plaintiff died on 12.02.2017. After the death of Bimla, Ram Kishan got married to Saroj. From the said wedlock, Suresh, Sandeep and Suman took birth.

5. At this stage, the disput

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