Neutral Citation No. - 2025:AHC:76953 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7748 of 2017 Petitioner :- Rajendra Kumar Respondent :- Girish Kumar And 3 Others Counsel for Petitioner :- Chetan Chatterjee Counsel for Respondent :- Raj Kumar Gautam Hon'ble Rohit Ranjan Agarwal,J. One Babu Singh was owner in possession of the property in dispute. He had three sons, Dilip Kumar, Rajendra Kumar and Rakesh Kumar. Rakesh Kumar had unfortunately died. Respondent no. 2 is widow of Late Rakesh Kumar and respondent nos. 3 and 4 are sons of Late Rakesh Kumar. After the death of Babu Singh, names of his three sons were mutated in the revenue records. It appears that the earlier Suit No. 277 of 1999 was filed which was decided on the basis of compromise entered between the three brothers. One Girish Kumar claimed the property of Babu Singh on the basis of an unregistered Will dated 01.02.1991. The plaintiff- petitioner had instituted Original Suit No. 280 of 2008 for declaring the unregistered Will dated 01.02.1991 as null and void. In the said suit, respondent nos. 2 to 4 who are legal heirs of Rakesh Kumar, one of the sons of Babu Singh, had filed an application under Order I Rule 10 CPC for impleading them as plaintiffs in the suit instituted by petitioner. The said application has been allowed by order impugned dated 23.09.2017. Sri Chetan Chatterjee, learned counsel for the petitioner submits that the application could not have been allowed and respondent no. 2 to 4 could not have been named as plaintiffs in the said suit. According to him, the suit of the year 1999 which was amongst the three sons of Babu Singh was decreed on the basis of compromise arrived between them. According to him, the share has already been given to each of sons of Babu Singh and no dispute inter se between them remains. However, learned counsel for the petitioner concedes to the fact that the present suit instituted by petitioner is against Girish Kumar who is claiming the property of Babu Singh on the basis of unregistered Will of 01.02.1991. This Court finds that the interest of respondent nos. 2 to 4 needs to be protected and, as such, the order impugned dated 23.09.2017 passed on the application under Order I Rule 10 CPC by legal heirs of Rakesh Kumar, son of Babu Singh is hereby modified to the extent that they would be arrayed as defendants in the suit instituted by the plaintiff though no relief has been claimed by plaintiff against them they would be entitled to put their claim before court concerned. In view of said fact, the order dated 23.09.2017 is modified to said extent. Writ petition stands disposed of. Order Date :- 12.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad