JUDGMENT

K.R. Mohapatra, J.

This matter is taken up through hybrid mode.

2. A composite order dated 21st September, 2016 passed by learned Civil Judge (Senior Division), 1st Court, Cuttack in OS No.6 of 2015 is under challenge in both the CMPs, whereby two applications, one filed by the Petitioners on 12th May, 2016 for substitution of deceased Petitioner No.2, namely, Sadananda Maharana was dismissed and another petition dated 30th June, 2016 filed by Opposite Parties was allowed holding the proceeding to be not maintainable.

3. Since both the CMPs involve similar questions of facts and law, those are taken up together for the sake of convenience of discussion.

4. Facts in nutshell necessary for adjudication of these CMPs are that one Saria Bewa executed her last WILL on 15th December, 1984 in favour of one Trailokya Maharana and Sadananada Maharana, both are sons of Bhikari Maharana. After death of Saria Bewa, said Trailokya Maharana and Sadananda Maharana filed Misc. Case No.26 of 1992 before learned District Judge, Cuttack under Section 278 of the Indian Succession Act, 1925 (for brevity 'the Act') for grant of Letters of Administration. Upon receipt of summons, the Opposite Parties