The mother of the second petitioner and the respondent filed a suit for declaration of a right of easement. The mother died pending suit and the petitioners sought impleadment on the basis of a 'Will'. The first petitioner who is the wife of the second petitioner claims to be a legatee under the 'Will' executed by the mother. The second petitioner seeks impleadment on the ground that he is residing in the property so bequeathed.
2. The petitioners contend that the 'Will' (Document No.
3319/2009) has already been upheld in O.S. No. 341/2012 - Munsiff Court, Cherthala. The said suit is reportedly one for partition of the property. The petitioners contend that the finding on the 'Will' in that suit is a judgment in rem. The petitioners seek impleadment in the suit in the circumstances.
3. The petitioners are definitely proper parties if not necessary parties in the suit. Whether the 'Will' relied on is genuine and valid or already proved can be decided at a later 2 CRP No. 393/2014 stage. The court below erred in disallowing the application for impleadment of the petitioners in the suit. Ext.P5 order disallowing impleadment and Ext.P7 order refusing to review the same is set aside. The court below is directed to proceed with the suit and take the proceedings to a logical end soon.
The Civil Revision Petition is allowed. No costs.
ncd V. CHITAMBARESH JUDGE