High Court of Punjab and Haryana, Chandigarh
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Santi v. Rachpal Singh & Ors - CR-3232-2005  RD-P&H 752 (14 February 2006)
Civil Revision No.3232 of 2005
Date of Decision: 20.02.2006
Rachpal Singh and others
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri Malkeet Singh, Advocate for the petitioner Shri B.R.Mahajan, Advocate for the respondents JUDGMENT
Vide order, under challenge, application of the respondents, to file fresh written statement, was allowed. It is apparent from the records that in a pending suit, after death of Bhagwan Singh, the present respondents were brought on record, as his legal representatives. This Court feels that as they have stepped into shoes of Bhagwan Singh, they are not entitled to file fresh written statement, as a matter of right. This has been so held by the Hon'ble Supreme Court in Vidyawati v. Man Mohan and others, AIR 1995 Supreme Court 1653.
Shri Mahajan has stated that necessity to file written statement has arisen because the deceased Bhagwan Singh, had executed a Will, in favour of respondent Nos.1 to 4. However, he has failed to show that any dispute, as on today, has arisen regarding the said Will, inter-se the respondents. If that is so, order passed is not justified. In view of this, revision petition is allowed and order, under challenge, is set aside.
February 20, 2006 ( Jasbir Singh )
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