RAJBALA Vs. TEJPAL AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 6.4.2017 (Annexure P-2) passed by the Civil Judge (Junior Division), Charkhi Dadri whereby application filed by the petitioner has been disposed of.

(2.) Briefly, the facts of the case as made out in the revision petition, are that the election for the post of Sarpanch, Gram Panchayat Village Rawaldhi, was challenged by way of filing election petition. During pendency of that petition, plaintiff No.2 Inder Singh had expired. An application was moved by plaintiff-respondent No.1 to delete name of late Inder Singh from the array of plaintiffs. Said application was contested and ultimately it was allowed without summoning the legal heirs of the deceased. While allowing the application, it has been held by the Civil Judge that every person qualified to vote at the election has right to sue and petitioner No.1 is qualified to cast vote at the election. Provisions of Order 22, Rule 2 CPC are applicable in the case. Suit was ordered to be proceeded at the instance of surviving petitioner and the application was disposed of accordingly.

(3.) Order dated 6.4.2017 passed by the Civil Judge (Sr. Division), Charkhi Dadri is subject matter of challenge in the present revision petition.