JUDGMENT :

Krushna Ram Mohapatra, J. - This is an application under Order 22 Rules 3, 10 and 11 of CPC filed by one Ramakanta Mohanty, son of Adaita Charan Mohanty praying, inter alia, to be substituted in place of deceased appellant, namely, Promodini Pattnaik.

2. The petitioner inter alia contended that the sole appellant, namely, Pramodini Pattnaik died on 05.05.2013. Before her death, she had executed a registered Will on 24.10.2005 in favour of the petitioner (Ramakanta) as executor of the Will. Thus, he is the legal representative of the deceased appellant and right to sue and to be sued survives with him. He is entitled to continue the appeal. Accordingly, he seeks leave of this Court to be substituted in place of sole deceased appellant and to prosecute the appeal.

3. Respondents 1 and 2 filed two separate counter affidavits objecting prayer of the petitioner.

Respondent No. 1 in his counter affidavit challenged the genuineness of the Will on various grounds. He further stated that respondent No. 2 is the adopted son of the sole deceased appellant and has no conflicting interest with that of the appellant. Thus, it is highly improbable to believe that the deceased appellant has