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HARKESH MANUJA
Karamjit Singh – Appellant
Versus
Harbans Singh – Respondent
JUDGMENT :
Harkesh Manuja, J.
By the way of present revision petition filed under Article 227 of the Constitution of India, challenge has been laid to an order dated 31.05.2024 passed by the Addl. District Judge, SAS Nagar (Mohali) (hereinafter to be referred as ‘the First Appellate Court’), whereby application filed at the instance of applicant-Karamvir Singh seeking his impleadment as legal representative of deceased Harbans Singh/plaintiff stands allowed.
2. In the given facts, respondent/plaintiff-Harbans Singh filed a suit for possession by way of ejectment against petitioner qua the property i.e. house no. 1683 (Ground & First Floor), situated at Phase 3B2, SAS Nagar (Mohali). The suit was decreed in a favour of Harbans Singh/plaintiff vide judgment and decree dated 11.01.2016 passed by the Civil Judge (Jr. Divn.) Mohali. Aggrieved thereof, petitioner/defendant filed a Civil Appeal No.132 of 2016. During its pendency, Harbans Singh/plaintiff expired on 12.04.2021 followed by an application dated 12.01.2022 filed on behalf of applicant-Karamvir Singh seeking his impleadment as legal representative of the deceased. The said application was through opposed at the instance of petiti
The Appellate Court has discretion in determining legal representation without remanding to the Trial Court, and the validity of a Will can be established through documentary evidence.
Legal representation in appeals must be determined through proper inquiry and evidence, not conjecture, as mandated by procedural law.
The amendment to Order XXII Rule 4 of the CPC aims to ensure the continuation and culmination of effective adjudication and to prevent the proceedings from coming to an end summarily due to the death....
Point of Law : Code of Civil Procedure enjoins various provisions only for the purpose of avoiding multiplicity of proceedings and for adjudicating of related disputes in the same proceedings, the pa....
The trial court erred by abating the suit without proper inquiry into legal representation, as abatement is procedural and not substantive, requiring adherence to the principles laid out under Order ....
Legal representatives must prove entitlement based on wills; mere claims without proof are insufficient.
The central legal point established in the judgment is the scrutiny of Will execution, consideration of suspicious circumstances, and the burden of proof on the propounder.
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