1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. W.P.NO.450 OF 2009. M/s Bhairulal Dhanraj Firm ...vs.. Nathmal Kisanlal Goenka. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's directions and Registrar's order. orders. -------------------------------------------------------------------------------------------------------------------------- Mr.A.S.Chandurkar, Adv. for the petitioners. Mr.Iliyas Shekhani Adv. for the intervenor. Coram : C.L.PANGARKAR, J. Dated : 30th JUNE, 2009. 1. This writ petition challenges the order passed by the Civil Judge, Akola whereby he allowed the application under Order 22 Rule 3 of C.P.C. One Nathmal Goenka had instituted a suit for eviction of the plaintiff/respondent from the suit premises. Said Nathmal – ori. Plaintiff expired on 18/12/2002. His wife Smt.Gulabdevi filed an application under order 22 Rule 3 of C.P.C. for her substitution as Legal representative, alleging that Will has been executed in her favour and therefore, she is entitled to prosecute the suit. The said 2 application was opposed by the petitioner/ defendant. 2. The learned judge of the trial court found that since respondent’s L.R. has placed on record a copy of the Will, it would be necessary to substitute her as a L.R. Further, it may be noted that in any case the person who is sought to be substituted as L.R. is the widow of deceased who in any case can call to be the legal representative of deceased. Therefore, I do not find that the order of the learned judge of the trial court suffers from any infirmity or illegality. The respondent is very well a legal representative. Her name has been rightly directed to be substituted. Learned judge has also further observed that the genuineness of the Will shall be considered by the court on merits. In view of this, no interference is called for. There is no substance in the writ petition. Same is dismissed. JUDGE. chute