CR No.1166 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.1166 of 2009 Date of decision: 16.4.2009 Vinay Sood and another ......Petitioners Versus Pushpa Sood and others ......Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Veneet Sharma, Advocate for the petitioners. * * * Rakesh Kumar Garg, J.(Oral) By way of this revision petition, the petitioners have challenged the order dated 7.1.2009 passed by the Civil Judge (Junior Division), Amritsar whereby application filed by the petitioners under Order 1 rule 10 CPC for their impleadment as party in the civil suit titled as “Harish Chand Sood and others v. Subhash Sood was rejected. Challenging the aforesaid order, counsel for the petitioners has vehemently argued that in fact the property in dispute belongs to late Smt. Kaushalya Devi Sood wife of Sh.Ravinder Nath Sood and the petitioners have a right to inherit the property by way of natural succession being the children of Jagdish Sood who was the son of aforesaid Kaushalya Devi and therefore, they being necessary and proper party to the suit are entitled to be impleaded. Undisputedly, the present suit was filed by Harish Sood (predecessor-in-interest of respondents No.1 to 4) claiming himself to be the legal heir of Pushpa Sood who died on 6.6.2003, against one Subhash Sood who is brother of Pushpa Sood (deceased) and who is claiming the inheritance of Pushpa Sood on the basis of a Will. As per the averments CR No.1166 of 2009 2 made in the plaint, the suit was filed by Harish Sood (predecessor-in- interest of respondents No.1 to 4) qua the inheritance of Pushpa Sood and not qua the inheritance of Kaushalya Devi as argued by the learned counsel for the petitioners. Thus, I find no merit in this revision petition and the same is dismissed. However, it is made clear that if the suit property involved in the present suit belongs to Smt. Kaushalya Devi Sood and the petitioners have any independent right to claim inheritance of aforesaid Kaushalya Devi Sood, they may seek their remedy separately elsewhere. April 16, 2009 (RAKESH KUMAR GARG) ps JUDGE