This is an application filed under Article 227 of the Constitution of India. The petitioner, who is the defendant in a Probate Proceeding turned into a Title Suit, has questioned the legality of the order dated 05.11.2012 passed by learned Additional District Judge-IV, Patna City, in Title Suit No. 16 of 2011, which arises out of Probate Case No. 203 of 2010, whereby an application filed by the Respondent under Order XXII Rule 3 of the Code of Civil Procedure (hereinafter referred to as the Code) has been allowed and he has been permitted to be substituted in place of deceased-plaintiff Ramashish Singh.

2. Facts of the case are not much in dispute. One Bulkania Devi had a daughter, namely, Nankuri Devi who was married to Ramashish Singh (father of the Petitioner). Nankuri died during the life time of Bulkania Devi. Bulkania Devi is said to have executed a Will in favour of her son-in-law, the said Ramashish Singh. Ramashish Singh filed Probate Case No. 203/2010 for grant of probate certificate in respect of the estate of Bulkania Devi. This is to be noted that after the death of Nankuri Devi, Ramashish Singh had married one Sharda Devi. One of the daughters of Ramashish Singh