JUDGMENT :

Sharad Kumar Sharma, J.

In order to answer the arguments, as it has been extended by the learned counsel for the petitioners in relation to the subject matter which engages consideration in the present writ petition, that emanates from the principal proceedings, which were drawn under Section 229B of the U.P.Z.A. & L.R. Act, would be to the following effect:-

i) As to whether there could be a bar of Section 11 of CPC, in filing of an Application under Order 9 Rule 13 of CPC, by the heirs of the deceased whose earlier application at the behest of their predecessor stood rejected which was subsequent to his death?

ii) As to whether the principles of Section 11 CPC, would apply at the stage when an Application under Order 9 Rule 13 of CPC is being considered which has been instituted at the behest of the heirs of the deceased, upon whom the principal right and title would devolve on the death of the deceased, who was initially contesting the proceedings?

2. To deal with the facts, a Suit, under Section 229B of the U.P.Z.A. & L.R. Act was preferred by the plaintiffs-petitioners herein, seeking declaration of their right over a land, which was subject matter of the proceedings un