Civil Rev. 1911 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH Civil Rev. 1911 of 2009 Date of decision: 28.7.2009 Subhash and others Petitioner vs Dharam Singh and others Respondent Present Mr. Rajnish Narula, Advocate Mr. Sunil Panwar, Advocate for respondent No.3 M.M.S.BEDI,J. Vide order dated 25.3.2009 the natural heirs of Sarti Devi have not been impleaded as legal heirs but Omi Devi , who claimed to have inherited the property by virtue of a registered Will, has been permitted to be impleaded as legal heir of Sarti Devi by the lower appellate court. Learned counsel for respondent No.3 Umi Devi has argued that in case petitioners Subhash and others are permitted to be impleaded as legal heirs , they will collude with the opposite party to defeat the rights of Omi Devi. I have heard learned counsel for the parties. By ordering impleadment of legal heirs, the court does not determine as to who is to succeed to the estate of the deceased litigant, but the purpose of impleading the legal heirs , who may be natural heirs or other wise, is only to depute some one after the death of a litigant to pursue the case further. Learned counsel for the respondent No.3 submits that the person, who is in Civil Rev. 1911 of 2009 2 a capacity to better protect the property should be impleaded as legal heir. After hearing learned counsel for the parties, I am of the opinion that the rival claim of the persons, claiming to be the legal heirs is not required to be determined as the impleadment of legal heirs does not confer any right to inherit the property but is merely to enable the party to pursue the litigation in place of the deceased litigant. In view of the above, the revision petition is allowed and the order dated 25.3.2009 passed by the lower appellate court is modified to the extent that in place of Sarti Devi, the plaintiff-petitioners, her legal heirs along with Umi Devi would be impleaded as appellants. Impleadment of Umi Devi will not tantamount to acceptance of the validity of the registered Will and will also not be an expression of opinion regarding devolvement of the property rights of Sarti devi on any one and the impleadment will be subject to all just exceptions. The apprehension of Omi Devi that the natural heirs will collude with the other party seems to be misconceived as it will always be open to Umi Devi to contest the said collusion and put forth the actual facts before the lower appellate court. July 28 ,2009 ( M.M.S.BEDI ) TSM JUDGE