C.R. No. 3222 of 2006 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 3222 of 2006 (O&M) Date of Decision: August 4, 2009 Hardev Singh …..Petitioner Vs. Jaswant Singh and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. S.R. Kamboj, Advocate for the petitioner. Mr.H.K. Brinda, Advocate for respondent No.3. Mr. A.K. Sharma, Advocate for respondent No.5. -.- M.M.S. BEDI, J. (ORAL) This order will dispose of a petition under Article 227 of the Constitution of India for setting aside the order dated December 21, 2005 passed by Additional Civil Judge, (Senior Division), Ropar, by virtue of which an application for impleading the Legal Representatives of Mangal Singh has been decided and his sons, Jaswant Singh, Hardev Singh, C.R. No. 3222 of 2006 [2] Harbans Singh and Pal Singh have been impleaded as his LRs without adjudication upon the Will dated September 3, 1996 which had allegedly been executed by Mangal Singh in favour of Hardev Singh- petitioner. Hardev Singh has challenged the said order. I have considered the facts and circumstances of this case. From the documents placed on the record it appears that Mangal Singh had filed a suit in the year 1998 against Jaswant Singh, Arvinder Singh and Gurdeep Singh. Jaswant Singh was one of the sons of Mangal Singh. The said suit for possession had been filed through his son Hardev Singh as attorney. The said suit was decreed ex-parte vide judgment dated August 2, 2000 and decree was passed against Jaswant Singh, Arvinder Singh and Gurdeep Singh. An application had been filed for setting aside the ex-parte order dated July 24, 2000 and ex-parte decree dated August 2, 2000 passed in favour of Mangal Singh. It is apparent that during the pendency of said proceedings, Mangal Singh expired. Hardev Singh who had earlier been pursuing the case as attorney came forward to be impleaded as Legal Representative on the basis of a Will executed in his favour by Mangal Singh. Vide impugned order, the trial Court impleaded, Jarnail Singh, Hardev Singh, Harbans Singh and Pal Singh, the sons of Mangal Singh as Legal Representatives without entering into the validity of the Will as the same had not been challenged by other legal representatives. This revision petition has been filed by Hardev Singh against the other natural heirs of Mangal Singh and the judgment-debtors of decree dated August 2, 2000. After going through all the facts and circumstances of C.R. No. 3222 of 2006 [3] this case, it appears that there appears to be some misconception in the minds of the litigant parties that impleadment of LRs would tentamount to giving recognition to the Will purported to have been executed in favour of Hardev Singh. Hardev Singh- petitioner wants to be impleaded as sole LR after the death of his father. It is a settled principle of law that in an application for impleading LRs, the genuineness of the Will if put-forth by one of the LRs. Does not required to be decided, the purpose of impleading the LRs is to authority the Legal Representatives to pursue the case on behalf of the deceased litigant if the cause of action subsists against the other litigating party. It is agreed that the name of Jarnail Singh has wrongly been mentioned in the impugned order. It should be read as Jaswant Singh. Taking into consideration the impugned order passed, in the abovesaid spirit and legal position, no fault can be found in the impugned order impleading the other natural heirs also as Legal Representatives of Mangal Singh. Therefore, the petition is dismissed clarifying that impleadment of Legal Representatives will not affect the validity or invalidity of the Will which was allegedly executed by Mangal Singh in favour of Hardev Singh. It is not out of place to mention here that during the pendency of this revision petition, Jaswant Singh- respondent No.1 had died. LRs. of Jaswant Singh were impleaded in his place. It will be open to the heirs of Jaswant Singh to contest the litigation against their father Jaswant Singh, in the capacity as LRs. of Jaswant Singh. C.R. No. 3222 of 2006 [4] August 4, 2009 (M.M.S.BEDI) sanjay JUDGE