ORDER

1. This Rule was issued on these opposite parties Tulshi Bibi, Najibannessa Bibi, Gabu alias Rabia Khatun to show cause why the petitioner in this Rule Musammat Mahboob Begum should not be substituted as an heir of the deceased Furrok Bibi both in the appeal and the Rule, which is connected with the appeal, now pending this Court. It appears that one Golam Jellani Khan a wealthy Peshwari Muhammadan died intestate in March 1927 at Talligunj leaving considerable movable and immovable properties; that Tulshi Bibi one of the opposite parties brought a Title Suit for partition in respect of the property left by Golam Jellani Khan and account, valuing the suit at Rs. 1,60,000 in the Court of the First Subordinate Judge at Alipore. Her allegation was that the late Golam Jellani Khan left three widows, Tulshi Bibi, Farrokh Bibi and Najibannessa and one minor daughter Gabu, alias Rabia Bibi by the plaintiff. The plaintiff-appellant alleged that according to the special custom of the Peshwari clan to which Golam belonged his three widows are alone entitled to the estate and the plaintiff Tulshi is accordingly entitled to one-third share in the same. Furrokh Bibi and the other widows den