Uncle died while cade pending..lr when claims of intestate and will exist?

Legal Representatives (LRs) are impleaded in civil suits in India to ensure that the estate of a deceased party is properly represented, allowing the suit to proceed to a logical conclusion rather than abating (terminating). This process is governed primarily by Order 22 of the Code of Civil Procedure (CPC), 1908, which dictates the procedure when a plaintiff or defendant dies during the pendency of a suit. If the "right to sue" survives (e.g., in property, contract, or debt disputes), the lawsuit does not automatically die with the party. LRs are brought on record to continue the legal fight. The evidence what you talk about will be taken up only during the trial proceedings and not at this stage. 

Very well  explained, opined and advised by learned expert Mr. T Kalaiselvan, I agree.

If your cousins have filed legal heir / representative certificate of deceased and right to sue survives, LRs shall step in his (your uncle) shoes at any stage of the suit. 

However, it is not related with evidence, as stated by you / your lawyer.

If your cousin (sister) has claimed the property left behind by your uncle (her father) on the basis of some will stated to have been executed, let her proceed.  In such circumstances law of succession shall not apply to the share of deceased.

You have posted multiple issues, which require proper analyses of the facts / documents, professional advise of some local prudent lawyer, which cannot be considered / obliged, without perusal.

It is better to consult some other local senior advocate for proper guidance and proceeding, if you have lost faith in  the lawyer engaged by you.

@Dr.Vashista:As you have pointed out when there is a will, law of succession will not apply. Thats exactly my question: given that a party says there is a will how did the Court appoint LRs based on law of succession?

Also, you mention legal heir /representative certificate. No such certificate has been filed. It is just i.A. filed by plaintiff declaring heirs vua succession.

Is such a certificate to be obtained?

Lastly, are LRs only for this case or does this apply to any assets of the deceased-bank account, shares, car other property which is not in this case?

@ Guest User,

The will stated to have been produced makes share of deceased "bequeathed" / "doolved" upon beneficiary; wherein it (share of deceased) looses the status of "intestate". The propounder of the Will have to estblish its validity till then law of succession takes a back seat in the case.

There is no question of appointment of LRs adjudicating Court, as pointed out by you.

The application (IA) stated to have been filed (under order XXII CPC) has to be supported by legal heir / representative / succession certificate of deceased, otherwise, the application is not maintainable.

The LRs have to obtain it from area Tehsildar / SDM as per procedure, which may slightly differ from a State to another.

In order to find applicability of Succession Act, refer to particular personal laws of deceased, which you must have covered / studied in your law course. 

Well analysed by senior Sir Dr. Vashishtha Sir, I endorse.