CR-5845-2026 -1-
161
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-5845-2026 Date of Decision :- 17.08.2026 Ajit Pal Singh and another .... Petitioners Versus
Bhagwan Singh and others .... Respondents
CORAM : HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present: Mr. Aayush Gupta, Advocate for the petitioners.
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AMARJOT BHATTI J.
1. Petitioners have filed present civil revision under Article 227 of Constitution of India for setting aside impugned order dated 24.03.2026 passed by learned Additional Civil Judge (Senior Division), Rohtak in Succession case CIS No. SUCC-52-2019, whereby application under Order 1 Rule 10 CPC (Annexure P-2) for impleading them as party has been dismissed wrongly without appreciating the facts of case.
2. It is pointed out that Bhagwan Singh - respondent No. 1 (petitioner in main case) filed petition (Annexure P-1) under Section 372 of Indian Succession Act for grant of Succession Certificate pertaining to assets of Kartar Singh who died on 02.09.2012. Said Kartar Singh was unmarried and died issueless. Respondents No. 3 and 4, namely, Daljit Singh and Harnam Singh were arrayed as respondents in said petition. The Succession Certificate is sought regarding FDRs, Saving Accounts and Locker of late Kartar Singh. Petition for grant of Succession Certificate (Annexure P-1) was filed on
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30.08.2019. Present petitioners along with others filed application under Order
1 Rule 10 CPC for impleading them as necessary party, they being brothers/sisters/nephews/niece of late Kartar Singh. They have full right in the property of late Kartar Singh. Respondent No. 1 Bhagwan Singh and respondent No. 4 Harnam Singh in present civil revision were born out of the wedlock of Santokh Singh and Smt. Bakhtawar Kaur, whereas, respondent No.3 Daljit Singh was born out of the wedlock of Santokh Singh and Smt. Partap Kaur. The pedigree table is also annexed with present petition as Annexure P-4. For just and fair decision of the case, petitioners/applicants who had filed application under Order 1 Rule 10 CPC are necessary parties. It is further submitted that Krishan Lal and others have also filed another suit for declaration with possession by way of partition along with consequential relief of injunction regarding the assets of late Kartar Singh, which is Annexure P-5. It is pointed out that without appreciating the aforesaid factual position, their application under Order 1 Rule 10 CPC was wrongly declined by the trial Court. It is submitted that impugned order dated 24.03.2026 passed by learned Additional Civil Judge (Senior Division), Rohtak may kindly be set aside and their application filed under Order 1 Rule 10 CPC may be allowed, as prayed for.
3. Factual position is clear from the documents annexed with present civil revision. No purpose would be served by issuing notice to respondents. Therefore, service of respondents is, accordingly, dispensed with.
4. I have considered the arguments and have gone through the record carefully. Petition under Section 372 of Indian Succession Act has been filed by respondent No. 1 Bhagwan Singh regarding the movable assets of
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late Kartar Singh as detailed in para No. 3 of petition (Annexure P-1). It is not disputed that Kartar Singh died intestate. He was unmarried and issueless. Petition for grant of Succession Certificate has been filed by Bhagwan Singh and has arrayed his brothers Daljit Singh and Harnam Singh as respondents No. 2 and 3. Learned trial Court while deciding application under Order 1 Rule 10 CPC rightly referred to Section 8 of The Hindu Succession Act, 1956 which deals with general rules of succession in case of males, which runs as under :-
"8. General rules of succession in the case of males.— The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter :—
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased."
Section 9 of the Act deals with order of Succession among heirs in the Schedule, which clearly states that all class I legal heirs will inherit simultaneously to the exclusion of all other heirs. Section 11 of the Act deals with distribution of property among heirs in class II of the Schedule, according to which the property of an intestate shall be divided between heirs specified in any one entry in class II of the Schedule so that they share equally. Therefore, on the death of late Kartar Singh, who was unmarried and issueless, his living brothers and sisters would fall in first category to inherit his assets in equal shares. In application under Order 1 Rule 10 CPC (Annexure P-2), it
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clearly indicates that petitioners/applicants do not fall in the category of brothers or sisters of late Kartar Singh to inherit his assets. Aforesaid factual position was rightly considered by learned Additional Civil Judge (Senior Division), Rohtak and application filed under Order 1 Rule 10 CPC was rightly declined by passing impugned order dated 24.03.2026 and same is, accordingly, upheld. Consequently, finding no merits in present civil revision, same is, accordingly, dismissed.
5. Pending miscellaneous application(s), if any, shall stands disposed of accordingly.
(AMARJOT BHATTI)
JUDGE
17.08.2026
lalit
Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
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