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Om Prakash & Ors. vs. LRs. of Mukh Ram & Ors.

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Code of Civil Procedure, 1908–Order 22, Rules 3 & 9–Application was allowed by condoning the delay and imposing the cost–Writ petition against–Suit for cancellation of Will was filed by three persons–If the LRs. of M are not taken on record, the suit as a whole cannot abate and, even if, the abatement takes play qua M and ultimately the plaintiffs succeed, the LRs. of M would also be entitled to the fruits of decree–Challenge laid to the order is merely an academic exercise without any benefit–Interference declined.