Civil Revision No. 3095 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 3095 of 2011 Date of Decision: 10.5.2011 *** Kanwaljit Singh .. Petitioner Vs. Gursharan Singh & Ors. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. R.K. Aggarwal, Advocate for the petitioner. *** ARVIND KUMAR, J. The application of the petitioner for being impleaded as legal representative of deceased plaintiff Smt. Veer Kaur has been dismissed vide order dated 20.1.2011, which has been impugned in this revision petition. Let us have some facts relevant for the decision of the instant revision petition. Smt. Veer Kaur was the widow of Sh. Khazan Singh. The couple were having one daughter namely Gurbachan Kaur and an adopted son namely Gursharan Singh-respondent No.1. The present petitioner Kanwaljit Singh is the son of Gurbachan Kaur. After having a dispute arose between Veer Kaur and brothers-sisters of her deceased husband, she filed a civil suit for separate possession after partition by metes and bounds against the latter through the present applicant being her attorney holder, wherein she also impleaded her daughter and the son as defendants. However, during pendency of the said civil suit Smt. Veer Kaur died and pursuant to an application filed by Gursharan Singh, the legal representatives were brought on record. The applicant was not mentioned as legal representative of the deceased and as such was not impleaded in the suit and his status as attorney holder came to an end with the death of Veer Kaur. However, he filed an application for his impleadment as legal representative of the deceased on the basis of Will dated 1.10.1999 alleged to have been executed Civil Revision No. 3095 of 2011 2 by the deceased in his favour, which, as said above, has been dismissed, necessitating the petitioner to file the instant revision petition. It emerges out from the records that the petitioner is staking his claim as the legal representative of the deceased plaintiff on the basis of Will dated 1.10.1999, the authenticity of which is questioned by the defendants. The suit is for separate possession by way of partition wherein the rights of each co-sharer as to the possession of their respective share have to be adjudicated upon only and not with regard to the rights attached to the alleged Will. That apart, it is not in dispute that the petitioner is the son of daughter of deceased plaintiff Smt. Veer Kaur and it has been pointed out that Gurbachan Kaur is no longer alive. Hence, for the purpose of this litigation alone all the legal representatives of the deceased can be brought on record, subject to all just exceptions and in the considered opinion of this Court there should not be any impediment in allowing all the legal representatives of the deceased to be brought on record in the representative capacity alone. In view of the discussion above, the instant revision petition is disposed of with a direction to the learned trial Court to implead all the legal representatives of the deceased-plaintiff in the suit in representative capacity alone. (ARVIND KUMAR) JUDGE May 10, 2011 Jiten