https://www.taxtmi.com/caselaws?id=446786 A person claiming to represent the estate of a deceased plaintiff may seek impleadment and setting aside of abatement under Order XXII without first conclusively proving title under a disputed will. The genuineness of the will and entitlement to represent the estate can be determined separately in the suit under Order XXII Rule 5, while the underlying cause of action may continue through the legal representatives. The Court also noted that allowing substitution avoids multiplicity of proceedings and serves substantial justice. On that basis, the daughters were held entitled to be impleaded as legal representatives and to pursue the challenge to the settlement deed. en-us Wed, 18 Oct 2023 00:00:00 +0530 Mon, 11 Dec 2023 11:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=446786 A person claiming to represent the estate of a deceased plaintiff may seek impleadment and setting aside of abatement under Order XXII without first conclusively proving title under a disputed will. The genuineness of the will and entitlement to represent the estate can be determined separately in the suit under Order XXII Rule 5, while the underlying cause of action may continue through the legal representatives. The Court also noted that allowing substitution avoids multiplicity of proceedings and serves substantial justice. On that basis, the daughters were held entitled to be impleaded as legal representatives and to pursue the challenge to the settlement deed. Case-Laws Indian Laws Wed, 18 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=446786