Civil Revision No.4738 of 2010(O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Civil Revision No.4738 of 2010(O&M) Decided on : February 28, 2011 Rupinder Kaur ... Petitioner VERSUS Tej Pal Singh and another ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.B.S.Saini, Advocate for Mr.Premjit Kalia, Advocate for the petitioner. A.N.JINDAL, J.- This petition assails the order dated 25.5.2009 passed by Additional Civil Judge (Sr.Divn.), Amritsar dismissing the application of the petitioner Rupinder Kaur for impleading her as legal representative of Davinder Kaur – plaintiff. Davinder Kaur had filed a civil suit No.317 of 12.8.2009 titled as “Smt.Davinder Kaur vs. Opar Singh and others” for declaration that she being legally wedded wife of Opar Singh – defendant has a right to boarding and lodging in Khasra No.108, situated in the area of village Jania, Tehsil and District Amritsar and for setting aside the collusive decree dated 26.5.1973 and the sale deed dated 8.12.1993, alleged to have been executed by him in favour of respondents. After the death of Davinder Kaur on 24.6.2007, the petitioner moved an application for impleading herself as Civil Revision No.4738 of 2010(O&M) [ 2 ] legal representative, which was dismissed vide the impugned order. Heard. Davinder Kaur appears to have raised her personal right of residence on account of her being the legally wedded wife of Opar Singh, who died during the pendency of the suit, so as Davinder Kaur. Therefore, cause of action, which arose to Davinder Kaur for claiming herself to be the legally wedded wife and also right to residence stands vanished. As such, the Trial Court was right in declining the application of the petitioner for impleading her as plaintiff in the suit. Resultantly, this petition fails and the same is dismissed. However, the petitioner, if wants to challenge the collusive decree dated 26.5.1973 and the sale deed dated 8.12.1993, she may file a separate suit in her own right. In that event, the suit filed by Davinder Kaur would not amount to res-judicata quo that suit. February 28, 2011 ( A.N.JINDAL ) `gian' JUDGE