IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.1377 of 2010 (O&M) Date of Decision : 2.3.2010 Jaswinder Singh ....Petitioner Versus Darbara Singh and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Parveen K.Kataria, Advocate for the petitioner. ..... MAHESH GROVER, J. C.M.No.5177-CII of 2010 C.M. is allowed as prayed for. C.R.No.1377 of 2010 There is no infirmity in the impugned order. From the pedigree table appended at page 4 of the petition it terms out that Kartar Singh in his life time never made any attempt to claim his share to the estate of deceased Sunder Singh who had bequeathed it to Harnam Kaur, Gurdial Kaur and Pritam Kaur and now it is only Darbara Singh who has filed a suit claiming 1/12th share to the property of deceased Sunder Singh. The only attempt made at some stage of the proceedings in the civil suit filed by Darbara Singh was when Kartar Singh sought to be impleaded himself as a party by way of filing an application under Order 1 Rule10 CPC but before this C.R.No.1377 of 2010 (O&M) -2- application could be decided, he died. From the pedigree table and the facts which have been mentioned in the petition it transpires that Kartar Singh had an independent right to claim his share and therefore Jaswinder Singh, who is son of Darbara Singh and claims to be the legal heir of Kartar Singh on the basis of Will, has to come to succeed to the estate of Kartar Singh, and in such an eventuality has an independent cause of action to claim such a right and cannot be permitted to be impleaded as a party in the instant suit filed by his faher Darbara Singh. No ground to interfere. Dismissed. 2.3.2010 (MAHESH GROVER) JUDGE dss