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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Sarabjit Kaur – Appellant
Versus
Swaran Kaur (deceased) through her LR. – Respondent
JUDGMENT J:
VIKRAM AGGARWAL, J.
The instant revision petition, preferred under Article 227 of the Constitution of India, assails the order dated 15.11.2022 (Annexure P-1), passed by the Court of Civil Judge, (Jr. Divn.), (NRI Cases), Jalandhar, vide which the application filed by one Jaswinder Kaur for impleading her as legal representative of the sole plaintiff (Swaran Kaur) was allowed.
2. Notably, Swaran Kaur is the mother-in-law of the present petitioner/defendant (Sarabjit Kaur). The said Swaran Kaur instituted a suit (Annexure P-5) against the present petitioner/defendant for issuance of a declaration to the effect that she was the exclusive owner in possession of the properties (fully described in the plaint) situated at Village Bal, Tehsil and District Jalandhar, on the basis of a registered Will dated 28.04.2003, executed by her husband, namely, Bhawikhan Singh in her favour. A declaration was also sought that Narinder Pal Singh was not the son of Bhawikhan Singh and was not born from the lawful wedlock of Bhawikhan Singh and the respondent/plaintiff. Other declaration as regards settlement dated 22.05.2004 was also sought. A declaration was sought that the judgment and decr
Legal representation in appeals must be determined through proper inquiry and evidence, not conjecture, as mandated by procedural law.
Legal representatives must prove entitlement based on wills; mere claims without proof are insufficient.
The determination of legal representatives under Order XXII Rule 5 is a summary inquiry focused on representation in the suit, not on resolving inheritance rights.
The main legal point established in the judgment is the mandatory requirement for the court to determine the legal representative of a deceased party when a dispute arises, as per Order 22 Rule 5 of ....
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 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.
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....
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