- (1.) This petition is filed against the order dated 28.02.2014 by which an application filed by the petitioners for their substitution/impleadment as the plaintiffs, has been declined.
(2.) The brief facts of the case are that Gurpreet Banga was appointed as Caretaker of the suit property by the petitioners who are the real owners and are living at Birmingham. Gurpreet Banga filed the suit for permanent injunction against the present respondents to restrain them from blocking/closing the windows, ventilators, parnalas etc. fixed in the wall AB & FG, shown in red colour of the house marked as ABCD & FGHI in the site plan, situated in the abadi area Patti Dunia Mansoor, VPO Bilga, Tehsil Phillaur, District Jalandhar by way of raising any kind of construction etc. in the shamilat property/Nimmawala Chowk and also from damaging the Wall AB & FG by way of placing/putting any kind of girders, wooden batten/ballas and lintels etc. It is categorically averred in the plaint that the suit is being filed by Gurpreet Banga as a Caretaker of the property in dispute and had informed Shri Lachhman Dass about the existing emergent situation who had authorised him to file the present suit and was told that he would execute a Power of Attorney for this purpose which may be placed on record of the case file. Lateron, the Power of Attorney executed by the petitioners, in favour of Gurpreet Banga, was placed on the record of the suit in which interim injunction was granted by the trial Court on 17.09.2012 restraining the defendants from blocking/closing the windows, ventilators, parnalas by way of raising any kind of construction in the property known as the Nimma Wala Chowk' illegally, forcibly, unlawfully and from causing any kind of damage to the wall as fully detailed in the headnote of plaint by placing any girders, wooden batten/ballas and lentils, illegally, forcibly except in due course of law, till the final decision of the case.
(3.) Unfortunately, Gurpreet Banga, who had filed the suit, died on 26.09.2013 and the petitioners filed an application for substitution/impleadment of one Harbhajan Ram, another Power of Attorney, in place of their earlier Power of Attorney Gurpreet Banga. In the application, it was specifically mentioned that the petitioners had executed their Power of Attorney dated 07.03.2013 and 27.11.2013 respectively in favour of Harbhajan Ram. The said application was contested by the respondents and has been dismissed by the trial Court on the ground that the applicants are not the legal heirs of Gurpreet Banga and have no right to sue.;