Case Note & Summary
The dispute arose from a civil appeal concerning the impleadment of the appellant in an eviction suit following the death of the original plaintiff, Mohanlal Bansal. The appellant claimed to be a legal representative based on an alleged Will executed by the deceased. The initial suit for eviction was filed by Mohanlal against a tenant, Bhogiram, who also passed away during the proceedings. After Mohanlal's death, his widow sought substitution as his legal representative, while the appellant claimed rights under the Will. The Civil Judge initially allowed the widow's application but rejected the appellant's, citing doubts about the Will's execution. The appellant's revisional application led to a remand for reconsideration, but the Civil Judge again rejected the appellant's claim, prompting the appellant to file a writ petition in the High Court, which upheld the Civil Judge's decision. The Supreme Court, upon hearing the appeal, focused on whether the appellant could be included in the proceedings. The court noted that the genuineness of the Will could not be conclusively determined at this stage and emphasized the need to avoid multiplicity of proceedings. It ruled that the appellant should be allowed to proceed with the eviction suit alongside the natural heirs, subject to the eventual grant of probate. The court clarified that if the Will was found to be genuine, the appellant would be entitled to eviction; otherwise, the natural heirs would prevail. The appeal was allowed, and the High Court's order was set aside.
Headnote
A) Civil Procedure - Impleadment of Legal Representatives - Right to Implead Based on Will - Code of Civil Procedure, 1908, Order XXII Rule 5 - The court held that the appellant, claiming under an alleged Will, should be allowed to be impleaded in the eviction suit along with the natural heirs, subject to grant of probate. The High Court's rejection of the application was found to be illegal and with material irregularity, necessitating the appellant's inclusion in the proceedings (Paras 12-14).
Issue of Consideration
Whether the appellant was entitled to be impleaded/substituted in the suit for eviction along with the natural heirs and legal representatives of the deceased.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and permitted the appellant to be impleaded in the eviction suit along with the natural heirs, subject to the grant of probate of the Will.
Law Points
- Impleadment
- Legal Representatives
- Will
- Probate
- Code of Civil Procedure
- 1908
