( 1 ) HEARD Sri Satya Prakash, learned counsel for the petitioner and Sri Chandra Shekhar, holding brief of Sri G. N. Verma, learned counsel for the respondent.

( 2 ) A Suit No. 15 of 1975 was filed by Tej Bahadur Singh, for cancellation of sale deed dated 18. 1. 1973 alleged to have been executed by him in favour of Ram Prasad and Birbal. Suit was dismissed on 30. 7,1980. A Civil Appeal No, 164 of 1980 was preferred by plaintiff against the said decree of the trial court.

( 3 ) DURING the pendency of the civil appeal, Tej Bahadur Singh died. O. P. No. 2 Shamsher bahadur Singh, the real brother of Tej Bahadur Singh filed an application for substitution claiming him as sole heir and legal representative. An application was also filed by the petitioner for substituting her in place of Tej Bahadur Singh on the basis of a Will dated 20. 1. 1981. The petitioners case was that Tej Bahadur Singh executed Will in her favour who is real sister.

( 4 ) THE District Judge, Mainpuri, after considering the case of the parties allowed the application filed by O. P. No. 2 and rejected the application of the petitioner.

( 5 ) THE main ground on which the application of the peti