[2025:RJ-JP:50484] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14555/2022 Tara Chand S/o Late Shri Rameshwar, Aged About 70 Years, R/o H. No. A-28, Sarwar Colony, Teliyan Talab, Subhash Bazar, Tonk, Rajasthan 304001 ----Petitioner Versus 1. Mohan Lal S/o Late Shri Ladu Ram, (Since Deceased), Through Legal Heirs 1/1 Umesh Bansal S/o Late Shri Mohan Lal, Aged About 55 Years, R/o Raghunath Ji Ka Mandir, Bada Takhta, Tonk, Rajasthan 1/2 Trilok Bansal S/o Late Shri Mohan Lal, Aged About 50 Years, R/o Raghunath Ji Ka Mandir, Bada Takhta, Tonk, Rajasthan 1/3 Pinki Bansal D/o Late Shri Mohan Lal, Aged About 51 Years, R/o Raghunath Ji Ka Mandir, Bada Takhta, Tonk, Rajasthan 1/4 Nitu Bansal D/o Late Shri Mohan Lal, Aged About 51 Years, R/o Raghunath Ji Ka Mandir, Bada Takhta, Tonk, Rajasthan 2. Smt. Kanchan Devi W/o Raghunath Prasad, Aged About 65 Years, R/o Chhota Takhta, Tonk, Rajasthan 3. Majmun W/o Prahlad Sahu, Aged About 62 Years, R/o Gali Teliyan, Chhota Takhta, Tonk, Rajasthan. 4. Roopchand Garg, Sanwar Wale S/o Late Shri Damodar Ji Mahajan, Aged About 63 Years, R/o Bada Takhta, Tonk, Deleted By Order Dated 13-07-2018. 5. Smt. Shakuntala Devi W/o Late Shri Roopchand Garg, Aged About 56 Years, R/o Near Adarsh Vidhya Mandir, Raghunathpuri, Bada Takhta, Tonk, Rajasthan. 6. Smt. Radha Devi W/o Late Shri Rameshwar, (Since Deceased) Through Legal Heirs 6/1 Munna Lal S/o Late Shri Rameshwar Prasad, Aged About 65 Years, R/o Mohalla Baheer, Tonk, Rajasthan Presently Residing At In Front Of Chief Post Officem Brahkumari Colony, Tonk, Rajasthan. ----Respondents [2025:RJ-JP:50484] (2 of 3) [CW-14555/2022] For Petitioner(s) : Mr. Bharat Raj Yogi For Respondent(s) : Mr. J.P. Goyal, Sr. Adv. assisted by Ms. Jyoti Swami HON'BLE MR. JUSTICE BIPIN GUPTA Order 15/12/2025 1. The present writ petition has been filed challenging the order dated 29.08.2022, whereby the petitioner's application under Order 22 Rule 3 read with Section 151 CPC, has been rejected. 2. Learned counsel for the petitioner submits that, without any adjudication on the will, the learned Trial Court has impleaded the respondent in place of plaintiff on the basis of the will, and application of the petitioner under Order 22 Rule 3 read with Section 151 CPC has been rejected. 3. Learned counsel for the respondents do not dispute the fact that, without any adjudication/enquiry on the will as per provisions of Order 22 Rule 5 CPC, the Court was not justified in directly permitting the substitution of the respondent in place of plaintiff. 4. Considering the same, this Court deems it appropriate to quash and set aside the order dated 29.08.2022. 5. Learned Trial Court is directed to make an enquiry on the will in accordance with the provisions of Order 22 Rule 5 CPC. 6. Thereafter, the trial court shall decide the application of the petitioner as well as of the respondent for substituting the legal representatives of plaintiff- Radha Devi. The enquiry may be conducted by the learned Trial Court as expeditiously as possible. [2025:RJ-JP:50484] (3 of 3) [CW-14555/2022] 7. With the aforesaid observations, the present Civil Writ Petition stands disposed of. 8. All pending application(s), if any, also stand disposed of. (BIPIN GUPTA),J MAHIMA/28