( 1 ) BY means of the present writ petition under Article 226 of the Constitution of India, petitioner has challenged the order dated 9. 4. 1997, passed by respondent No. 1 on an application 66k filed by the petitioner, Annexure-5 to the writ petition.

( 2 ) THE facts leading to the filing of present writ petition are that during the pendency of civil appeal, the sole appellant Ramesh Chandra Sharma died. According to the assertion made by the petitioner, Ramesh Chandra Sharma died leaving behind his adopted son Rakesh Sharma, the present petitioner. The respondent No. 5, Ramesh Chandra, son of Late Narayan Ji also filed an application for substitution on the strength of the will dated 14. 7. 1989 as legatee with the prayer that he may be substituted in place of deceased Ramesh Chandra Sharma. Smt. Sharda devi, the widow of Ramesh Chandra Sharma also filed an application claiming herself to be the only surviving legal heir. The present petitioner Rakesh Sharma and Ramesh Chandra, son of late Ram Narayan Ji have supported their case in support of their substitution applications, but none of them has been able to support their case, either by producing the succession