Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioner aggrieved against the order dated 25.10.2013 passed by the trial court, whereby application filed by respondent under Order I, Rule 10 and Order 22, Rule 10 C.P.C. read with Section 151 C.P.C. has been allowed and application filed by the petitioner under Order 22, Rule 4A C.P.C. has been rejected.
(2.) The petitioners-plaintiffs filed a suit for declaration and injunction against defendant - Smt. Bhanwari Devi. The defendant - Smt. Bhanwari Devi passed away during the pedency of the suit and the said fact came to the notice of the Court, when counsel representing Smt. Bhanwari Devi passed away and notice was ordered to be issued to Smt. Bhanwari Devi.
(3.) An application under Order I, Rule 10 read with Order 22, Rule 10 C.P.C. was filed on 05.11.2003 by Sukh Ram, inter alia, with the averments that Smt. Bhanwari Devi adopted him on 14.12.1988 and an adoption deed was registered on 14.12.1988, on account of her death, he is owner of her entire property, in possession and entitled to the same. In the suit, the applicant is a proper and necessary party as based on the Will, he is legal representative of Smt. Bhanwari Devi and, therefore, he may be impleaded as party. It was also indicated that the power of attorney holder of Smt. Bhanwari Devi informed him about the pendency of the suit and on getting the information, the application is being filed.;