1993 (1) TMI 314

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.... of Hazari Ram. The suit filed by the plaintiff-respondent was decreed on 24-5-1982. Aggrieved with the same, Mst. Roopi filed an appeal in the Court of Addl. District Judge No, 1, Sriganganagar The appellant Mst. Roopi Devi died during the pendency of appeal, on 7-8-1990. On 30th August, 1990, Kalu Ram, the present petitioner before this Court, moved an application under Order 22, Rule 4, for being impleaded as Legal Representative of Musammat Roopi, on the basis of a registered Will, executed in his favour by Mst. Roopi on 4-8-1990. 2. A reply to the application was filed, in which it was denied that the applicant was the sole legal representative of the deceased-appellant. It was also alleged that the Will, on the basis of which the app....

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....y any one, but what has been disputed is that the purported will having been executed merely 3 days before the death of Musumamat Roopi Devi leads one to infer that the execution of the Will was surrounded by suspicious circumstances and, therefore, it cannot be considered to be a validly executed Will. By not drawing the aforesaid distinction, between 'legal representative' and 'legal heir', particularly in the light of definition of 'legal representative', given under Section 2(11) of the Code of Civil Procedure and the provisions of Order 22, has resulted in grave infirmity in the exercise of jurisdiction by the lower appellate-court, and, on account of said error, it has resulted in substantial failure of justice....

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.... be considered is whether the person claiming to represent the estate of the deceased for the purpose of lis has sufficient interest in carrying on litigation and is not any imposter. In case of rival claimants, it may also be necessary to decide that out of the rival claimants, who really is the person entitled to represent the estate for the purpose of particular proceedings. Even that determination does not result in determination of inter se right to succeed to property to the deceased and that right has to be established in independent proceedings in accordance with law. 7. As to the facts of the present case are concerned, it is not disputed that a registered Will do exist in favour of the applicant, though, whether it confers any ti....