Allowed

Amrit Kanwar Widow of Late Shri Govind Singh, D/O Shri Bhupendra Singh v. Raghuveer Singh S/O Late Shri Mangal Singh

Rajasthan HC2 Dec 2024/4353/2019

Case brief

AI extract

What is this about?

Writ petition filed regarding an order dismissing an application to bring the legal heir of a deceased defendant on record in a partition suit. The Single Judge held that the legal heir of the deceased defendant, Prem Kanwar, is required to be brought on record, setting aside the impugned order.

What did the court decide?

Impugned order dated 30.01.2019 setting aside the application under Order 22 Rule 9 CPC is set aside and plaintiff directed to bring legal heir of deceased respondent No.3 on record.

Amrit Kanwar Widow of Late Shri Govind Singh, D/O Shri Bhupendra… — Partition | Rajasthan HC (2024)

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[2024:RJ-JP:49516]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4353/2019

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Amrit Kanwar Widow Of Late Shri Govind Singh, D/o Shri Bhupendra Singh, By Caste Rajput, R/o Barnala House, Haldiyo Ka Rasta, Johari Bazar, Ghatget, Jaipur (Raj.)

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Narendra Singh S/o Late Shri Govind Singh, Grand Son Of Late Bhupendra Singh, Aged About 40 Years, By Caste Rajput, R/o Barnala House, Haldiyo Ka Rasta, Johari Bazar, Ghatget, Jaipur (Raj.)

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----Petitioners

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Versus

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Raghuveer Singh S/o Late Shri Mangal Singh, By Caste Rajput, R/o Gram And Post Barnala, Tehsil Bamanwas, District Sawaimadhopur (Raj.) At Present Residing At Barnala House, Haldiyo Ka Rasta, Johari Bazar, Ghatget, Jaipur (Raj.)

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Dashrath Singh S/o Mangal Singh, By Caste Rajput R/o Villae And Post Barnala, Tehsil Bamanwas, District Sawai Madhopur.

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Prem Kanwar D/o Late Shri Mangal Singh, W/o Shri Mool Singh, Aged About 70 Years, (Since Deceased)

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Supyar Kanwar D/o Shri Mangal Singh, W/o Shri Shambhu Singh, Aged About 68 Years, By Caste Rajput, R/o Village And Post Indawa, Tehsil, Lalsot, District Dausa (Raj.).

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Daulat Kanwar D/o Late Shri Bhupendra Singh, W/o Late Shri Jai Singh, Major, R/o Village And Post Lamba Jatan, Tehsil Medta City, District Nagaur (Raj.).

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Rajkanwar D/o Late Shri Bhupendra Singh, W/o Late Shri Virendra Singh, Major, By Caste Rajput, R/o A-15, Om Nagar, Shastri Nagar, Ajmer (Raj.).

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Krishna Kanwar D/o Late Shri Govind Singh, Grand Daughter Late Shri Bhupendra Singh, W/o Abhimanyu Singh, Major, R/o Through Thakur Raghuveer Singh Ji, Village And Post Balada, Tehsil Jaitaran, District Pali (Raj.).

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Kishan Singh S/o Late Shri Gyan Singh, Major, R/o Village And Post Barnala, Tehsil Bamanwas, District Sawai

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Madhopur (Raj.).

Gajraj Kanwar D/o Late Shri Gyan Singh, W/o Shri Mahaveer Singh, Major, R/o Village And Post Garhkaroli, Tehsil And District Dausa (Raj.).

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Bacchi D/o Late Shri Gyan Singh, W/o Shri Mohan Singh, Major, By Caste Rajput, R/o Village And Post Sanwasa, Tehsil Lalsot, District Dausa (Raj.).

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Hem Kanwar D/o Late Shri Gyan Singh, W/o Balendra Singh, Major, By Caste Rajput, R/o Village And Post Sanwasa, Tehsil Lalsot, District Dausa (Raj.).

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----Respondents

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For Petitioner(s)	: Mr. J.P. Goyal, Ar. Adv. assisted by
	Ms. Sakshi Tiwari, Adv.
For Respondent(s)	: Mr. Anil Kumar Sharma, Adv. Ms. Saroj Singh, Adv.
	Mr. M.C. Gupta, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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02/12/2024

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This civil writ petition has been filed by the petitionersdefendants (for short ‘the defendants’) against the order dated 30.01.2019 passed by Additional District Judge No.15, Jaipur Metropolitan, Jaipur in Civil Suit No.111/2012, whereby the said court dismissed the application under Order 22 Rule 9 CPC filed by the defendants.

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Learned counsel for the defendants submits that the respondent No.1-plaintiff (for short ‘the plaintiff) filed a suit for partition and permanent injunction against the defendants as well as respondent Nos.2 to 11. The respondent No.3-defendant No.2 died during the pendency of the suit. Her husband Mool Singh was a necessary party in the suit. Plaintiff not filed any application to

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bring the legal heirs of Prem Kanwar on record as such the suit has been abated qua defendant No.2 and respondent No.3. After that plaintiff filed an application before the Trial Court under Order 22 Rule 2 CPC and submitted that the Prem Kanwar died without any Will and the property inherited from her parents shall be devolved to the brothers and sisters of Prem Kanwar who are already on record as party. So there was no need to bring the husband of Prem Kanwar on record as a party-respondent. So, the word ‘deceased’ be inserted against the name of the Prem Kanwar. Learned counsel for the defendants further submits that husband of the Prem Kanwar is alive and he is the successor of Prem Kanwar, so directions be given to the plaintiff to take steps for bringing the legal heirs of the Prem Kanwar on record and order dated 30.01.2019 passed by the Trial Court be set aside.

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Learned counsel for the plaintiffs has opposed the arguments advanced by learned counsel for the defendants and submitted that disputed property belongs to the parents of the deceasedPrem Kanwar. As per Hindu Succession Act, Mool Singh who is the husband of deceased Prem Kanwar is not a legal heir in the suit. So learned Trial Court rightly allowed the application filed by the plaintiff and dismissed the application filed by the defendants. So, the present petition being devoid of merit, is liable to be dismissed.

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I have considered the arguments advanced by learned counsel for defendants as well as learned counsel for the plaintiffs and perused the impugned order.

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It is an admitted position that Mool Singh is a legal heir of deceased-Prem Kanwar. Whether property which is to be devolved

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belongs to the parents of Prem Kanwar or not, would be decided at the time of final hearing of the case. So in my considered opinion legal heir of deceased-Prem Kanwar is required to be brought on record. So, the impugned order dated 30.01.2019 qua dismissing the application under Order 22 Rule 9 CPC is set aside and the plaintiff is directed to take steps for bringing the legal heir of deceased-respondent No.3-defendant No.2-Prem Kanwar on record.

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So, present petition is disposed of accordingly. Pending application(s), if any, stand(s), disposed of.

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(NARENDRA SINGH DHADDHA),J

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AVINASH GULERIA /209

Amrit Kanwar Widow of Late Shri Govind Singh, D/O Shri Bhupendra Singh v. Raghuveer Singh S/O Late Shri Mangal Singh

Case brief

What is this about?

What did the court decide?

Amrit Kanwar Widow of Late Shri Govind Singh, D/O Shri Bhupendra Singh v. Raghuveer Singh S/O Late Shri Mangal Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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