Revision petition challenged an order impleading petitioners as legal heirs of deceased defendant Urmila Rani in a suit for recovery of personal and car loans advanced to Abhinav Bansal. The court held impleadment concerns the right to sue and liability is a matter of trial, dismissing the revision.
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[131] IN THE HIGH COURT OF P UNJAB AND HARYANA AT CHANDIG A RH
CR-4803-2024 Date of D ecision : 27.08.2024
Satish K u mar and another …Petitioners
ver s us
Canara B a nk and others ….Respondents
Coram : HON’BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Siddharth Gupta, Advoc a te for the petitioners. ***
PANKAJ JAIN, J. (ORAL)
[1] Present revision petition is directed against order d a ted 05.03.20 2 4 passed by the Civil Judge ( Senior Division), Fazilka, Dis t rict Fazilka, w hereby an application filed b y the plaintiff for impleading l e gal heirs of d e ceased Urmila Rani-Defendant No.1 has been allowed.
[2] The initial suit was filed f or recovery of Rs.16,65,625. 9 2/owing to the personal loan and car loan advanced to one Abhinav Ba n sal, who was employee with the Bank. Su i t was instituted against mothe r of Abhinav B ansal namely Urmila Rani, wi d ow namely Lucky and minor c h ild namely R oohani. Urmila Rani died. Pet i tioners have been impleaded b e ing husband a nd son of Urmila Rani.
[3] Counsel for the petitioners s u bmits that since the liability wa s of Abhinav B ansal owing to personal loan and car loan, which are unsec u red credits le n t by the bank to its employees. Petitioners being Class II heir s of Abhinav B ansal and having not inherited anything from him, ought not have
RAJNEESH SHARMA 2024.09.02 22:26 been imp l eaded as legal heirs. I attest to the accuracy and integrity of this document
CR-4803 - 2024 -2-
[4] The plea raised is misconcei v ed. The petitioners have not been arraigned as legal heirs of Abhinav Ba n sal but that of Smt. Urmila R a ni. Apart fr o m that, impleadment of lega l heirs is related to right to s ue . Question whether the petitioners have i nherited anything through Ur m ila Rani bel o nging to Abhinav Bansal or no t is a matter of trial and has not h ing to do wit h fastening of liability on the pe t itioners, whichis the subject-m a tter of trial.
[5] In view of the above, this Court does not find any meri t to interefere in the well reasoned order pass e d by the Court below.
[6] Dismissed .
(PANKAJ JAIN)
JUDGE
27.08.20 2 4
‘R. Sharma' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No
RAJNEESH SHARMA 2024.09.02 22:26 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether impleadment of the petitioners as legal heirs of deceased defendant Urmila Rani in a loan recovery suit was justified.
Satish Kumar and another
Canara Bank and others
Pankaj Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
