Judgment :-

R.V. RAVEENDRAN, J.

1. Leave granted.

2. One Prannath filed a suit against the respondents for declaration, possession and damages on 4.8.1989 in regard to an immovable property. Prannath died on 12.11.1994 during the pendency of the suit. The appellant filed an application under Order 22 Rule 3 of the Code of Civil Procedure (`Code' for short) on 27.1.1995 to be added and substituted as the legal representative of Prannath, claiming that he was the sole legatee under the registered will dated 10.10.1994 executed by Prannath. The said application was contested by the respondents-defendants. They denied the allegation that deceased plaintiff Prannath had executed any will in favour of the appellant. They contended that the appellant was not the legal heir nor legatee of Prannath and therefore not entitled to be added as a party, as the legal representative of the deceased plaintiff. In view of the contest to the application, the appellant examined one Balwant who was an attesting witness to the will. After considering the documentary and oral evidence, the trial court (IV Civil Judge, Class II, Bilaspur) made an order dated 31.8.1996, holding that there was no acceptable