Hon’ble Pankaj Mithal, J.—Heard Sri Swapnil Kumar, learned counsel for the applicants-revisionists. Sri Onkar Nath has appeared for the heirs and legal representatives of respondent No. 2 and Sri Amit Srivastava for respondent Nos. 3, 5, 10 and 13.

2. The application of the applicants-revisionists for being impleaded as defendant in Original Suit No. 896 of 2010 Sri Niwas v. Surendra Mohan and others, has been rejected by the impugned order dated 31.5.2013. The above suit is a suit for partition of the property of late Ambika Charan Dixit. The parties to the suit are his natural successors. The applicants-revisionists claim that the above property was bequeath to them by late Ambika Charan Dixit vide Will dated 22.6.1988 and, therefore, if not necessary, they are the proper party to the suit, inasmuch as in the event the Will is proved there would be no need for partition of the property.

3. The Court below has rejected the application holding that the applicants-revisionists are neither necessary nor proper party to the suit for partition and they can get their rights over it, if any, established through an independent suit.

4. The submission of Sri Swapnil Kumar, learned