Bombay High Court
Harvindar Kaur Jasbirsingh ... vs State Of Maharashtra Thr ... on 3 May, 2023
Bench: V. V. Kankanwadi, Y. G. Khobragade
ca-3178-2021 and ors.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.3178 OF 2021
IN FA/3637 OF 2011
Harivinder Kaur w/o Jasbirsingh Saluja
Died Through his LRs
Simranpal Jasbirsingh Saluja .. Applicant
Versus
The State of Maharashtra and others .. Respondents
...
Mr. C. V. Thombre, Advocate for applicant.
Mr. R. D. Sanap, AGP for respondents - State.
Mr. V. R. Dhorde, Advocate for respondent No.2-A
Mr. S. B. Jadhav, Advocate for respondent No.2-C.
Mr. S. B. Yawalkar, Advocate for respondent Nos.3-A to 3-C, 3-E and 3-F.
Mr. P. R. Patil and Mr. R. L. Chabda, Advocates for respondent No.7.
Mr. N. E. Deshmukh, Advocate for respondent No.5.
Mr. B. R. Kedar, Advocate for respondent No.6.
...
WITH
CIVIL APPLICATION NO.2198 OF 2021
IN FA/3600/2011
Pritamsingh Sardarsingh Chhabada
(Since Deceased) Through LRs.
Ajitkaur Pritam Singh Chhabda .. Applicant
Versus
Pratap Builders and Developers
Through Partners and others. .. Respondents
...
Mr. V. R. Dhorde, Advocate for applicant.
Mr. V. P. Latange, Mr. P. F. Patni, Mr. B. R. Kedar, N. E. Deshmukh, Talekar
and Associates, Advocates for respective respondents.
...
WITH
CIVIL APPLICATION NO 2201 OF 2021
IN FA/3601/2011
Pritamsingh Sardarsingh Chhabada
(Since Deceased) Through LRs.
(1)
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ca-3178-2021 and ors.odt
Ajitkaur Pritam Singh Chhabda .. Applicant
Versus
The State of Maharashtra
Through Collector, Aurangabad and others .. Respondents
...
Mr. V. R. Dhorde, Advocate for applicant.
Mr. N.E. Deshmukh, Talekar and Associates, Mr. B. R. Kedar and Mr. P. R.
Patil, Advocates for respective respondents.
...
WITH
CIVIL APPLICATION NO.2257 OF 2021
IN FA/3514/2011
Pritamsingh Sardarsingh Chhabada
(Since Deceased) Through LRs.
Ajitkaur Pritam Singh Chhabda .. Applicant
Versus
Surjeetsingh Sardarsingh Chhabada (Died)
Through LRs. Jasbirkaur Surjeet Singh
Chhabada and others .. Respondents
...
Mr. V. R. Dhorde, Advocate for applicant.
Mr. P. F. Patni, Mr. S. B. Yawalkar, Mr. B. R. Kedar, Mr. N. E. Deshmukh, Mr.
L. D. Vakil, Mr. P. R. Patil and Talekar and Associates, Advocates for
respective respondents.
...
WITH
CIVIL APPLICATION NO.2870 OF 2021
IN FA/19/2011
Lakhbir Singh Chhabda s/o
Sardar Singh Chhabda .. Applicant
Versus
Pratap Builders and Developers
partnership firm and others .. Respondents
...
Mr. R. S. Deshmukh, Senior Counsel i/b Mr. R. L. Chhabda, Advocate for
applicant.
Mr. P. F. Patni, Mr. A. V. Hon, Mr. V. R. Dhorde, Talekar and Associates, Mr.
(2)
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ca-3178-2021 and ors.odt
B. R. Kedar, Mr. N. E. Deshmukh, Mr. R. R. Mane, Mr. Pramod Gaikwad, Mr.
S. V. Adwant, Mr. A. S. Bajaj and Mr. S. B. Jadhav for respective
respondents.
...
WITH
CIVIL APPLICATION NO.2786 OF 2021
IN FA/3659/2011
Amarjetkaur Mahindarsingh Gurudatta .. Applicant
Versus
Lakbirsingh s/o Sardarsingh Chabda and others .. Respondents
...
Mr. B. R. Kedar, Advocate for applicant.
Mr. V. R. Dhorde, Mr. R. S. Deshmukh, Senior Counse i/b Mr. R. L. Chhabda,
Talekar and Associates, Mr. S. S. Tope, Mr. S. B. Yawalkar, Mr. N. E.
Deshmukh, Mr. S. M. Vibhute, Mr. L. D. Vakil, Mr. P. F. Patni, Mr. A. S. Bajaj,
Mr. H. D. Bedsing, Advocate for respective respondents.
...
CORAM : SMT. VIBHA KANKANWADI AND
Y. G. KHOBRAGADE, JJ.
RESERVED ON : 3rd April, 2023.
PRONOUNCED ON : 3rd May, 2023.
ORDER :- (Per Smt. Vibha Kankanwadi, J.)
. All these civil applications have been filed for bringing the legal
representatives of deceased Pritam Singh Chabda on record. Civil
Application Nos.3178 of 2021, 2870 of 2021, 2786 of 2021 have been filed by
the respective applicants - claimants, who have filed appeals for
enhancement in compensation. The first appeals have been filed
challenging the legality and validity of judgment and order dated
30.08.2011 by learned 4th Joint Civil Judge Senior Division in Special Civil
Suit No.171 of 2013, Special Civil Suit No.207 of 2022 and M.A.R.J.I. No.888
ca-3178-2021 and ors.odt
of 2002 respectively. Pritam Singh s/o Sardarsingh Chabda was party to
those proceedings and he expired on 26.11.2020. According to the above-
said applicants, Pritam Singh is survived by six legal representatives and,
therefore, they have prayed for bringing them on record. However, Civil
Application Nos.2198 of 2021, 2201 of 2021 and 2257 of 2021 have been
filed by Smt. Ajitkaur w/o Pritam Singh Chhabda contending that Pritam
Singh has left registered will dated 29.12.2006 in her favour. Copy of the
said registered will has been produced on record by her and, she submits
that now she is the only legal heir left by Pritam Singh, who can represent
the deceased in the proceedings.
2. Heard learned Advocates for the applicants in respective
applications, learned AGP for respondent - State and learned Advocates for
the respondents in respective applications. In order to cut short, it may be
stated that all of them have argued in support of their respective
contentions.
3. Here, in these cases, now the dispute has arisen as to who is the legal
representative. If we consider definition in Section 2(11) of the Code of
Civil Procedure it prescribes that the word "legal representative" means a
person who in law represents the estate of a deceased person, and includes
any person who intermeddles with the estate of the deceased and where a
party sues or is sued in a representative character the person on whom the
estate devolves on the death of the party so suing or suied. Provisions of
Order XXII Rule 5 of Code of Civil Procedure prescribes for determination
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of question as to legal representative, which reads thus :-
"5. Determination of question as to legal
representative.-- Where a question arises as to
whether any person is or is not the legal representative
of a deceased plaintiff or a deceased defendant, such
question shall be determined by the Court:
[Provided that where such question arises before an
Appellate Court, that Court may, before determining the
question, direct any subordinate Court to try the
question and to return the records together with
evidence, if any, recorded at such trial, its findings and
reasons therefor, and the Appellate Court may take the
same into consideration in determining the question.]
We are concerned with the proviso. The question, therefore, has
arisen before the Appellate Court for the determination of the legal
representative and, therefore, this Court has power to direct the
subordinate Court to try the question and return the records together with
evidence, if any. Though the will is stated to be registered, yet it is
challenged by the other applicants and, therefore, this determination as to
who is the legal representative, who would represent the estate of
deceased Pritam Singh is important. Hence, we pass the following order :-
ORDER
i) Send the record and proceedings, if already received, to
the Principal Civil Judge Senior Division, Aurangabad to decide
who is the legal representative of deceased Pritam Singh.
ca-3178-2021 and ors.odt
ii) The parties i.e. the present appellants/applicants in all
the appeals and the respondents are allowed to lead evidence,
if they desire before the learned Principal Civil Judge Senior
Division, Aurangabad to support their respective contentions.
iii) In view of Order XXII Rule 5, after the determination of
the said question, learned Principal Civil Judge Senior
Division, Aurangabad, to return the record together with
evidence, if any, with its findings and reasons therefor, to this
Court on or before 22.12.2023.
iv) Matter to be listed after such findings are received.
[ Y. G. KHOBRAGADE ] [ SMT. VIBHA KANKANWADI ]
JUDGE JUDGE
scm
