Hon'ble TRIVEDI, J.—The present petition has been filed by the petitioner-original defendant No.3 under Article 227 of the Constitution of India challenging the order dated 23rd May, 2012 passed by the Addl. District Judge (Fast Track) No.4, Jaipur City, Jaipur (hereinafter referred to as 'the trial court') in Civil Suit No. 169/03, whereby the trial court has rejected the claim of the petitioner to represent the estate of the deceased defendant No.1 Chand Narain as his legal representative and allowed the application of the respondent No. 1-plaintiff to amend the plaint as prayed for.

2. The precise question that falls for consideration before this court is as to whether the court while determining the question as to who is or is not the legal representative of the deceased party under O. XXII, R. 5 of CPC, could decide the question of legality and validity of the Will allegedly executed by the deceased in favour of the person claiming to be his legal representative?

3. The short facts giving rise to the present petition are that the deceased Bhagat Lal was the owner of the property in question. He had three sons named Shri Srinarain, Shri Govind Narain and Shri Ramchandra. Shri Sri

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