Extracted from the PDF above. The PDF is authoritative.
2026:HHC:28436 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No. : 341 of 2026 Decided on : 13.07.2026 Sunil Lakhanpal …Petitioner Versus 2026:HHC:28436 Tilak Raj & Ors. …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Mohinder Verma,
Advocate. For the respondents : None. 2026:HHC:28436 Virender Singh, Judge
(Oral) PetitionerSunil Lakhanpal has filed the present petition under Article 227 of the Constitution of India, against the order dated 30.07.2025, passed by the Court of learned Additional District Judge, Ghumarwin, District Bilaspur, H.P. (hereinafter referred to as ‘the First Appellate Court’), in CMP No. 4596 of 2019, filed in Civil Appeal No. 31 of 2018, titled as “Tilak Raj & Ors. Versus Roop Lal & Ors.”.
2. Said appeal has been filed by Tilak Raj & Others, against the judgment and decree dated 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2026:HHC:28436 28.06.2018, passed by the Court of learned Civil Judge, Court No. 2, Ghumarwin, District Bilaspur, H.P. (hereinafter referred to as ‘the trial Court’), in Civil Suit No. 140I of 2008, titled as “Roop Lal & Ors. Versus Shayam Lal & Ors.”.
3. By way of order dated 30.07.2025, the learned first appellate Court, has dismissed the application under
Order 1 Rule 10 C.P.C., filed by the petitioner, in the above titled case.
4.
Brief facts, leading to the filing of the present petition, as borne out from the documents annexed with the petition, may be summoned up, as under: 4.1 In the appeal, titled as “Tilak Raj & Ors. Versus Roop Lal & Ors., petitioner Sunil Lakhanpal, has filed an application under Order 1 Rule 10 C.P.C., read with Section 151 of C.P.C., to implead him as defendant and to permit him to prove the Will, executed by Sh. Pohlo Ram on 28.04.2002, in his favour. 4.2 The application has been filed on the ground that the petitioner has not been arrayed as party in the above titled case and defendants have also not disclosed to
3 2026:HHC:28436 the Court that the petitioner is legatee in the Will dated 28.04.2002, allegedly been executed by Sh. Pohlo Ram. 4.3 Application has also been filed on the ground that the interest of the petitioner has not been properly watched by the parties to the lis and as such, serious prejudice has been caused to him. According to him, he is residing out of State and rarely comes to his home. The factum of pendency of the suit has not been disclosed to him by the parties to the lis and it has also not been disclosed to him that the parties are asserting their right on the basis of Will dated 05.03.1999 or 02.05.2000. The Will, upon which, the petitioner is relying, is stated to have been executed by Pohlo Ram, in the presence of marginal witnesses. 4.4 Lastly, it has been prayed that the petitioner is the propounder of the last Will of Sh. Pohlo Ram. As such, he has prayed that the application, under Order 1 Rule 10 C.P.C., may kindly be allowed, by impleading him as a party, in this case. 5. When put to notice, this application has been contested by the parties to the lis, by asserting that the petitioner has no interest in the suit property and no Will,
4 2026:HHC:28436 as alleged, has been executed by Sh. Pohlo Ram on
28.04.2002. Other contents have also been denied. 6. The learned first appellate Court vide order dated 30.07.2025, has dismissed the application. 7.
Aggrieved from the said order, present petition has been filed before this Court, on the grounds that the learned first appellate Court has failed to appreciate the real controversy involved in the present case, and as such, there has been error in exercise of jurisdiction, vested in the Court. The order under challenge is also stated to be against the law and facts. 7.1 The said order has also been assailed on the ground that the plaintiffs have not impleaded him as party, whereas the contesting defendants have also failed to disclose to the Court that the petitioner is beneficiary, on the basis of Will dated 28.04.2002. 8. On the basis of above facts, it is his further case that findings of the learned trial Court, on issues No. 4 and 6, have been based on the Will dated 05.03.1999, however, the last Will dated 28.04.2002, was executed in favour of the petitioner, has not been discussed. As such, it has been reasserted that the petitioner is necessary party, in
5 2026:HHC:28436 the present case. Hence, a prayer has been made to allow the petition. 9. The petitioner is before this Court under Article 227 of the Constitution of India. The scope of interference under Article 227 of the Constitution of India, has elaborately been discussed by Hon’ble Supreme Court in case “K. Valarmathi & Ors. Versus Kumaresan, 2025 INSC 606”. Relevant para 9 of the judgment, is reproduced, as under:
“Essence of the power under Article 227 being supervisory, it cannot be invoked to usurp the original jurisdiction of the court which it seeks to supervise. Nor can it be invoked to supplant a statutory legal remedy under the Civil Procedure Code, 1908. For example, existence of appellate remedy under Section 96 of the Code operates as a near total bar to exercise of supervisory jurisdiction under Article 227.”
10. Even otherwise, in a recent decision in case
“Nandi Infrastructure Corridor Enterprises Ltd. & Anr.
Verus B. Gurappa Naidu & Ors., 2026 INSC 434”, the scope of interference has again been explained by Hon’ble Supreme Court. Relevant paragraph 35 of the judgment, is reproduced, as under:
“35. In short, the principles laid down in the above matters is as follows: a) The power of superintendence under Article 227 is not to be exercised unless there has been an (a) unwarranted assumption of jurisdiction, not vested in Court or tribunal, or (b) gross abuse of jurisdiction or (c) an
6 2026:HHC:28436 unjustifiable refusal to exercise jurisdiction vested in Courts or tribunals. b) It is also well settled that the High Court while acting under this Article cannot exercise its power as an appellate court or substitute its own judgment in place of that of the subordinate court to correct an error, which is not apparent on the face of the record. c) The High Court exercising supervisory jurisdiction does not act as a court of first appeal to reappreciate, reweigh the evidence or facts upon which the determination under challenge is based. Supervisory jurisdiction is not to correct every error of fact or even a legal flaw when the final finding is justified or can be supported. The High Court is not to substitute its own decision on facts and conclusion, for that of the inferior court or tribunal.”
11. Being guided by the above provision, now this Court, would proceed to ascertain the fact whether the learned trial Court has failed to exercise the jurisdiction, vested in it. Admittedly, the father of the petitioner, has been impleaded, in the Civil Suit, as defendant No. 13 and as per the judgment, father of the petitioner, Duni Chand, has not opted to contest the suit and has been proceeded exparte. 12.
Judgment and decree passed by learned trial Court, has been assailed by 11 defendants, including father of the petitioner, who has been arrayed as appellant No. 6, in the appeal. As per the record, the plaintiffs have filed the suit for declaration and injunction, seeking the relief that they are joint ownersinpossession to the extent of 1/7th share, with the defendants over the suit land and
7 2026:HHC:28436 the plaintiffs have challenged the Will dated 05.03.1999, allegedly executed by Sh. Pohlo. The said relief has been given to the plaintiffs, by partly decreeing the suit, by declaring them as coowners in joint possession over 1/7th share, in the suit land. The said findings have been assailed by the defendants by filing the appeal, which is pending adjudication before the learned first appellate Court.
13.
Learned counsel appearing for the petitioner, could not satisfy the judicious conscience of this Court, as to how the lis, which has been instituted by the plaintiffs seeking the declaration qua the fact that they be declared as owners in possession, by declaring the Will, allegedly executed by Sh. Pohlo, on 05.03.1999, as null and void.
14. As per the judgment passed by learned trial Court, the suit has been contested by defendants No. 1 to 5, 11, 14 and 15, in which they have set up the Will dated 05.03.1999, allegedly executed by Sh. Pohlo, in favour of the defendants. They have also taken the plea that Sh. Pohlo, during his life time has transferred 42.2 bighas of land in favour of Beli Ram, predecessorininterest of the plaintiffs.
8 2026:HHC:28436
15. No one can be impleaded in a lis, without the consent of the plaintiff, as he is the dominuslitus. The plaintiffs cannot be compelled to file the suit against a particular person. The relief, which has been granted in favour of the plaintiffs is binding upon the parties, not to the stranger.
16. Moreover, when the petitioner is asserting his independent right, on the basis of the alleged Will, executed on 28.04.2002, then, he could assert his right independently, on the basis of the alleged Will, relied upon by him in the application.
17. The application is totally silent about the fact, as to how the validity of the Will can be decided in the suit, which has been filed by the plaintiffs seeking declaration in their favour, as well as, seeking declaration that the Will allegedly executed by Sh. Pohlo on 05.03.1999 is null and void. Allowing the application, that too, at this stage, when the lis is pending before the learned first appellate Court, amounts to reopening the entire controversy by ordering denovo trial, which is not permissible under the Law.
18. Considering the above facts, there is no occasion for this Court to interfere with the well reasoned
9 2026:HHC:28436
order, passed by first appellate Court. Consequently, the present petition is dismissed, however, it has been made clear that the Court has not decided the right and title of the petitioner, which he has asserted on the basis of Will dated 28.04.2002 and the findings, so recorded are confined to the disposal of present application. These findings would have no effect on the stand taken by the petitioner, in the application, under Order 1 Rule 10 C.P.C.
19. Pending application(s), if any, shall also stand(s)
disposed of.
(Virender Singh) 13th July, 2026
Judge (Pramod Kumar)