1 S.B. CIVIL WRIT PETITION NO.3552/2008 [VIKRAM & ANR. VS. SPECIAL JUDGE, HANUMANGARH & ORS.] Date of order : 17th July, 2008 HON'BLE DR. JUSTICE VINEET KOTHARI Mr.R.K.Singhal for the petitioner. --------- Heard learned counsel for the petitioner. This writ petition is directed against the order dated 23.05.2005 passed by the learned trial court whereby the learned trial court has rejected the application under Order 1 Rule 10 CPC of the applicants Vikram and Pankaj sons of Chander Shekhar to be impleaded as defendant in a suit filed by brother of Chander Shekhar Mr. Guru Prasad. The applicants claimed that since their father defendant No.1 Chander Shekhar had committed murder of their mother and had also leaning towards his brother plaintiff therefore, they should be impleaded in the suit relating to ancestral property. The learned trial court had rejected the said application finding that applicants had no right to be impleaded in the suit and the application was filed belatedly with a view to delay the proceedings. 2 This Court has considered the submissions made by the learned counsel for the petitioner. Apparently, the grand sons only claimed through their father Chander Shekhar who is already impleaded as defendant and therefore, since the defendant Chander Shekhar has already been impleaded, the learned court below rightly found that applicants had not locus in the suit and could not be impleaded as defendants and more so, since the application was filed belatedly, the learned court below rejected the said application. This Court finds no ground to interfere with the said order. The writ petition is being devoid of any merit and the same is dismissed accordingly. [ DR. VINEET KOTHARI ], J. item No.15 mamta