IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR FA No. 20 of 1998 (MOHAMMAD IQBAL @ KALLU KHAN Vs NAGAR NIGAM BHOPAL THRU. COMMISSIONER )

Dated : 09-03-2026 Shri Ashok Lalwani - Senior Advocate assisted by Shri Abhishek Singh - Advocate for the appellant.

Shri Ghanshyam Sharma - Advocate for the proposed L.Rs./natural heirs of appellant.

Shri Manish Kumar Rajak - Advocate for the respondent No.1.

Heard on IA No. 4546/2026, an application under Order 22 Rule 3 of the Code of Civil Procedure, filed by the natural heirs of deceased appellant.

It has been contended by the learned senior counsel appearing for the legal representative represented through Will that the natural heirs are not required to be impleaded/substituted after the death of the original appellant because the application for substitution was filed by him on the basis of Will, which was again further referred to the Civil Court for enquiry under Order 22 Rule 5 of CPC. The Civil Court, after due enquiry, has found that the applicant's claim of representation of estate of the deceased appellant is based on Will, which is found to be genuine for the purpose of representation. Accordingly, this Court vide order dated 13.01.202