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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Kulwant Singh – Appellant
Versus
Prabhjit Singh – Respondent
| Table of Content |
|---|
| 1. inheritance claim and necessary parties in suit. (Para 1 , 4) |
| 2. reasoning for dismissing application to implead necessary party. (Para 2) |
| 3. analysis of jurisdiction in impleading parties. (Para 3 , 5) |
| 4. court's order to allow impleadment of necessary party. (Para 6) |
JUDGMENT :
VIRINDER AGGARWAL, J.
1. The present civil revision petition has been filed assailing the order dated 14.11.2025 (Annexure P-6), whereby the application filed under Order I Rule 10 CPC read with Section 151 CPC for impleading the legal representatives of the deceased as necessary party was dismissed. The suit was instituted by the son and daughter of late Gurbax Singh claiming inheritance to his estate, while excluding another son, namely Surinderpal Singh. Subsequently, Kulwant Singh filed an application under Order I Rule 10 CPC seeking impleadment of Surinderpal Singh as a necessary party, which application came to be dismissed vide the impugned order.
2. The learned Civil Judge dismissed the application on the reasoning that the declaration sought was only to the effect that the Will dated 22.02.2018 is false and fabricated and that the said Will has no connection with the father of Pra
The court ruled that a natural heir is a necessary party to inheritance disputes, emphasizing the importance of their involvement in ensuring fair proceedings.
Under Order 1 Rule 10(2) of the Code of Civil Procedure, a party may be impleaded only if they are necessary for an effective decree or proper for complete adjudication. A person claiming through a d....
The main legal point established in the judgment is the entitlement of Class-II legal heirs to be impleaded as the legal heirs of the deceased defendant, and the dismissal of applications by other cl....
Legal heirs of deceased are necessary parties in suits over self-acquired property; impleadment allowed at appellate stage to prevent multiplicity.
In a suit for partition of property, all the members of the family, who have interest and claim over the joint family properties are required to be impleaded. However, if the plaintiff is not claimin....
Purchaser of property from deceased borrower's legal heirs pending money recovery suit is neither necessary nor proper party pre-decree.
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