1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.5965/2003. Piyush Agarwal. VERSUS Smt.Banarsi Devi and Others. 16.02.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Akhil Simlote, for the petitioner. Mr.Amit Singh Shekawat ] Mr.Kamal Paraswal ] for the respondents. ***** Heard learned counsel for the parties. This writ petition has been filed by the applicant who moved an application under Order 1 Rule 10 C.P.C. for being impleaded as party to the suit on account of the death of one of the defendants namely Sriniwas Agarwal who died on 02.02.2001 during the pendency of the suit. The petitioner claims to be his legal representative as legatee under the alleged registered Will dated 16.09.1983. I have perused the application (Annexure-1) which has been rejected by the learned trial court on the ground of delay as the application has been filed after nearly two years of the death of Sriniwas Agarwal. In the application, the petitioner has omitted the fact about acquiring the knowledge regarding the pendency of the present suit for partition. In the facts and circumstances, therefore, while 2 no exception can be taken to the order passed by the learned trial court so far as the ground of delay is concerned. However, since the suit is one for partition between the co-sharers and the petitioner is claiming to be the legal representative of the deceased Sriniwas Agarwal on the basis of the alleged registered Will, I deem it just and proper to allow this writ petition and direct that the petitioner shall be substituted as legal representative of the deceased Sriniwas Agarwal more particularly on account of the fact that the plaintiff has consented to the substitution of the petitioner based upon the registered Will. However, since the proceedings could not progress further after the year 2001, I deem it just and proper to impose a cost of Rs.5,000/- on the petitioner to be paid to the plaintiff. Subject to the above, this writ petition and the stay application stand disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.