JUDGMENT :

SANDEEP SHARMA, J.

1. Being aggrieved and dissatisfied with order dated 18.10.2022, passed by the learned Civil Judge, Shillai, District Sirmaur, Himachal Pradesh, whereby an application under Order 6 Rule 17 CPC, having been filed by the respondents/plaintiffs (herein after referred to as “the plaintiff”) came to be allowed, petitioners-defendants (hereinafter referred to as “the Defendants”), have approached this court in the instant proceedings, filed under Article 227 of the Constitution of India, praying therein to set-aside aforesaid order.

2. Precisely, the facts of the case, as emerge from the record are that plaintiff filed a suit for declaration claiming ½ share of late Sh. Prem Singh in the suit land. Mutation No. 2368 attested on 13.5.1977 in the name of Sh. Bhoop Sigh ancestor of the defendants also came to be laid challenge in the aforesaid suit. Plaintiffs also prayed for consequential relief of possession. Suit having been filed by the plaintiffs came to be resisted by the defendants by way of filing written statement, wherein they claimed that plaintiff No. 1 Smt. Dhuri Devi was neither married to late Sh. Prem Singh, S/o Sh. Ishru, nor plaintiffs No. 2 and