#Order 22 Rule 5 CPC

When a will is invoked in a pending appeal, appellate courts cannot limit their inquiry to Class I legal heirs under succession law - they are obligated under Order 22 Rule 5 CPC to examine and determine the validity of testamentary claims before deciding who may be impleaded. This ruling ensures that testamentary beneficiaries are not arbitrarily excluded from litigation merely because they are not direct heirs, safeguarding the integrity of probate claims in civil appeals.

The Punjab & Haryana High Court ruled that impleading a legal representative under Order 22 Rule 4 CPC without first determining the validity of a disputed Will is procedurally invalid. A formal inquiry under Order 22 Rule 5 CPC is mandatory to protect the rights of parties in property disputes involving testamentary succession.

Bombay High Court holds that a registered Will creates sufficient prima facie evidence for legal representatives to continue litigation under Order 22 Rule 5 CPC.