Civil Revision No. 2969 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 2969 of 2011 Date of Decision: 05.05.2011 *** Mahender Kumar .. Petitioner Vs. Santosh & Anr. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. Sushil Jain, Advocate for the petitioner. *** ARVIND KUMAR, J. The petitioner along with his mother Smt. Ram Pyari (since deceased) and brother Chander Bhan (proforma respondents herein) filed a suit for injunction permanent and mandatory as also the declaration against respondent-defendant. During pendency of the suit, plaintiff No.1 Smt. Ram Pyari died, consequently, the petitioner filed an application for being impleaded as legal representative of deceased Smt. Ram Pyari on the basis of some will dated 3.9.1993, alleged to have been executed by the deceased in his favour. During the course of hearing on the said application, it brought to the notice of the Court that except the petitioner, there are other legal heirs of the deceased. The Court accordingly allowed the petitioner as also the other legal representatives of the deceased to be impleaded as party in the case by dint of order dated 23.2.2011, which has been impugned by the petitioner in the instant revision petition. Heard. The grouse of the petitioner is that he alone is entitled to be impleaded as legal representative of the deceased on the basis of will dated 3.9.1993 alleged to have been executed by the deceased in his favour. Civil Revision No. 2969 of 2011 2 Admittedly, the deceased is survived by other legal representatives as well. The plaintiffs have staked their claim on the property being their ancestral one and in that situation, in the considered opinion of the Court there is no legal impediment if the other legal representatives of the deceased are permitted to pursue the case because the Court below is not going into the validity of the Will, on the basis of which the petitioner is staking his claim of being alone impleaded as legal representative of the deceased. There is no merit in the instant petition and the same is accordingly dismissed in limine. (ARVIND KUMAR) JUDGE May 05, 2011 Jiten