C.R. No. 4918 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 4918 of 2009 (O&M) Date of Decision : 31.8.2009 Sukhdev Dass .......... Petitioner Versus Surinder Pal & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Sandeep Arora, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 16.7.2009, passed by the learned Addl. Civil Judge ( Sr. Divn.), Phillaur dismissing an application moved by the petitioner for transposing him as plaintiff No.2. The plaintiff / respondent No.1 filed a suit for declaration claiming himself to be the owner of the property in dispute under a Will said to be executed in his favour. On notice, petitioner appeared in Court and admitted the claim of the plaintiff / respondent. When the case was fixed for evidence an application was moved by the petitioner claiming therein to be transposed as plaintiff No. 2, as on failure of the plaintiff he was likely to inherit the property by natural succession. C.R. No. 4918 of 2009 2 The claim of the petitioner is not same as that of the plaintiff but adverse. The plaintiff / respondent would have no right in the property in case it is to be inherited by the plaintiff. On failure of the plaintiff / respondent or in absence of proof of Will the property will be inherited by natural succession. The petitioner therefore has no legal right to be transposed as plaintiff. The learned trial Court, therefore, was right in rejecting the application. No merit. Dismissed. 31.8.2009 ( VINOD K. SHARMA ) 'sp' JUDGE