Heard Sri Arvind Vashistha, coun sel for the appellants and Sri Rajendra Dobhal, counsel for the respondent.

2. By the present first appeal filed under Section 96 of the Code of Civil Procedure, the appellants have prayed for setting aside the judgment and de cree dated 25-5-2005 passed by the Dis trict Judge, Tehri Garhwal by which the suit filed by the plaintiff-appellants has been dismissed.

3. Briefly stated, a suit was filed by the plaintiffs-appellants for declaration to the effect that they are the successor of late Mohan Singh. According to the plaint case, late Mohan Singh (herein after referred as the deceased) was posted in the Indian Army on the rank of Naik, who died on 15-11-2003. The deceased was married with Smt. Usha Devi, the defendant. There was no issue from the wedlock of the deceased and Usha Devi. Later on, the deceased mar ried the plaintiff-appellant no. 1 Rajani Devi with the consent of Usha Devi in September, 1989 and there were three issues from their wedlock as a result of which plaintiff-appellants no. 2,3 and 4 became the heirs of the deceased. Smt. Usha Devi has filed an application un der Section 125 of the Cr. PC. and a compromise has taken place b

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