[2026:RJ-JP:3548] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 410/2026 1. Tarun @ Rajesh, S/o. Ram Gopal 2. Surendra @ Mohan @ Surendra Mohan, S/o. Ram Gopal 3. Dharmendra S/o. Ram Gopal, All Resident Of Ward No.9, Near Government Hospital, Shahpura, District Jaipur (Raj.) 4. Shanti Devi W/o. Late Ram Gopal (Died), Through Her Legal Representatives, 4/1. Sushila Devi D/o. Late Shanti Devi And W/o. Kaluram Saradhana, Resident Of Village Bichpudi, Post Devipura, Via Shahpura, District Jaipur (Raj.) 4/2. Ajay S/o. Late Nandkanwar D/o. Late Shanti Devi And W/ o. Kailash Kasana, Resident Of Sogram Wali, Village Khurdi, District Kotputli-Behror (Raj.) ----Petitioners-Defendants Versus 1. Sadhuram S/o. Kaluram Saini, Resident Of Dhani Siyalawali, Tan Shahpura, District Jaipur (Raj.) 2. Ram Gopal S/o. Suwalal, Resident Of Mohalla Khatedi, Tan Shahpura, District Jaipur (Raj.) 3. Chandrabhan Singh S/o. Gangasahay, Dhani Navodi, Tan Shahpura, District Jaipur (Raj.) 4. Parmanand, S/o. Mangilal (Died) 4/1 Suresh Chand Saini, S/o. Late Parmanand Saini 4/2. Sitaram Saini S/o. Late Parmanand Saini, Both Resident Of Dhani Meghawali, Tan Shahpura, District Jaipur (Raj.) 4/3. Pushpa Devi D/o. Late Parmanand Saini And W/o. Geegaram, Resident Of Village District Khargon, Madhya Pradesh 4/4. Bimla Devi D/o. Late Parmanand Saini And W/o. Babulal, Resident Of Dhani Bad Ki, Tan Antela, Tehsil Virat Nagar, District Jaipur (Raj.) 4/5. Chanda Devi D/o. Late Parmanand Saini And W/o. Devisahay, Resident Of Sachivalya Vihar, Kalyanpura, Riico Kanta, Mansarovar, Jaipur (Raj.) 4/6. Meera Devi D/o. Parmanand Saini And W/o. Gopal, Resident Of Sachivalya Vihar, Kalyanpura, Riico Kanta, Mansarovar, Jaipur (Raj.) 4/7. Saroj Devi D/o. Parmanand Saini And W/o. Bajrang, Resident Of Village Kariri, Tehsil Shahpura, District Jaipur (Raj.) 5. Banshidhar S/o. Mangi Lal, Resident Of Dhani Meghawali, Tan Shahpura, Tehsil Shahpura, District Jaipur (Raj.) ---Respondents-Plaintiffs 6. Bhagwan Sahay, S/o. Noparam (Died) [2026:RJ-JP:3548] (2 of 4) [CW-410/2026] 6/1. Patasi Devi D/o. Late Bhagwan Sahay S/o. Noparam And W/o. Chittar Mal, Resident Of Todi Ki Dhani, Via Manoharpur, Tehsil Shahpura, District Jaipur (Raj.) 7. Hanuman, S/o. Noparam (Died) 7/1. Smt. Teeja Devi, W/o. Late Hanuman 7/2. Girdhari Lal, S/o. Late Hanuman 7/3. Moolchand, S/o. Late Hanuman 7/4. Babulal, S/o. Late Hanuman 7/5. Shankar Lal S/o. Late Hanuman, All Resident Of Ward No.9, Near Government Hospital, Shahpura, District Jaipur (Raj.) 7/6. Mst. Kamli Devi, D/o. Late Hanuman And W/o. Girdhari Lal 7/7. Lalita Devi D/o. Late Hanuman And W/o. Ram Swaroop Kasana, Both Resident Of Village Sultanpura Bansa, Tehsil Chomu, District Jaipur (Raj.) 7/8. Mst. Kesari Devi D/o. Late Hanuman And Kalyan Sahay Famda, Resident Of Manpura Machedi, Industrial Area, Behind Doodh Filing Plant, Tehsil Amer, District Jaipur (Raj.) 8. Kalyan Singh, S/o. Prabhu Dayal 9. Banwari Lal, S/o. Prabhu Dayal 10. Bhagirath Prasad, S/o. Prabhu Dayal 11. Mohan Lal, S/o. Prabhu Dayal 12. Mst. Chimma Devi W/o. Prabhu Dayal, All Resident Of Ward No.9, Near Government Hospital, Shahpura, District Jaipur (Raj.) ----Respondents-Defendants 13. Sitaram S/o. Bheruram, Resident Of Dhani Ghuddaud, Tehsil Shahpura, District Jaipur (Raj.) 14. Phool Chand, S/o. Murlidhar 15. Ram Singh, S/o. Murlidhar 16. Mahesh, S/o. Murlidhar 17. Dharampal, S/o. Murlidhar 18. Mst. Bimla Devi, D/o. Murlidhar 19. Mst. Gyarsi Devi W/o. Murlidhar, All Resident Of Dhani Motihali, Tan Shahpura, District Jaipur (Raj.) ----Proforma-Respondents-Defendants For Petitioner(s) : Mr. Gaurav Gupta For Respondent(s) : Mr. Vijay Kumar Jangid [2026:RJ-JP:3548] (3 of 4) [CW-410/2026] HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 27/01/2026 1. The present writ petition has been filed by the assailing order dated 06.11.2025, passed by learned Senior Civil Judge, Shahpura, District Jaipur, whereby the learned trial court in spite of not having any application preferred by the respondents- plaintiffs seeking exemption for taking LRs on record has exempted them from substitution of the LRs of defendant No. 5 and rejected the application of respondents-plaintiffs to take the legal representatives on record. 2. Learned counsel for the petitioners further submits that the learned trial Court has wrongly exercised its power in dealing with this application, without considering the interests of any of the parties. It is contended by learned counsel for the petitioners that since their mother was a party to the suit as defendant No. 5, and an application was filed by the plaintiffs to implead the legal representatives of defendant No. 5 on record, with no separate application filed by the plaintiffs seeking exemption of any nature, the petitioners ought to have been impleaded as parties to the suit. 4. Per contra, learned counsel for the respondents do not dispute the fact that they have filed an application to take the legal representatives of defendant No. 5 on record as well as the fact that they had sought no exemption from the learned trial Court for not taking the legal representatives of defendant No. 5 on record. [2026:RJ-JP:3548] (4 of 4) [CW-410/2026] 5. Heard. 6. Considering the same, this Court finds that the impugned order dated 06.11.2025 was passed by the learned trial Court without any specific application from the plaintiffs seeking exemption. The trial Court should have allowed the plaintiffs- respondents’ application seeking permission to take the legal representatives of defendant No. 5 on record. 8. Therefore, this Court finds that the order dated 06.11.2025 cannot be sustained. The same is hereby quashed and set aside. The application filed by the respondents-plaintiffs under Order 22 Rule 4 CPC is allowed. The petitioners are permitted to be taken on record as LRs of defendant No. 5. 9. The learned trial Court is free to pass any appropriate order on whether the petitioners can be granted the right to file a reply. 10. With these observations, the present civil writ petition stands disposed of. 11. Pending application(s), if any, also stands disposed of. (BIPIN GUPTA),J Sudha/Kratika/20