Supreme Court Upholds High Court's Decision Allowing Impleadment of Respondent as Defendant in Property Dispute Case.
27 February 2025
Civil Appeals >> Civil & Consumer Law | Wills & Estates >> Inheritance | Family dispute over inherited property >> Property & Real Estate
The Appellant, appearing in person, filed an appeal against the Madras High Court's decision in CRP No. 1345 of 2023 dated 30.01.2024. The case revolves around a civil suit, O.S. No. 155 of 2017, originally filed by Pappammal, the Appellant’s mother, for declaration and recovery of possession. After Pappammal’s death, the Appellant moved to be substituted as her legal representative based on a registered will executed in his favor in 2016. The Trial Court initially dismissed his application for substitution due to the absence of a legal heir certificate. This decision was upheld by the High Court in May 2021, but the Supreme Court later intervened, allowing the Trial Court to reconsider the matter.
Subsequently, the Appellant was substituted as the plaintiff in the suit. However, another legal heir of the deceased, Respondent No. 1 (the Appellant’s sister), sought to be impleaded as a defendant in the suit. The Trial Court granted her impleadment, which the Appellant contested in a Civil Revision Petition before the High Court. The High Court dismissed the petition, affirming the Trial Court's decision.
The Appellant argued that his sister should not be impleaded, but the Court held that it was essential for both legal heirs to be heard in the case. The Supreme Court upheld the High Court’s decision, emphasizing the importance of hearing all necessary parties in the trial.