Order on Board

19-01-2021 Heard.

1. The present petition has been brought under Article 227 Constitution of India being aggrieved by the order dated 27.11.2020, passed by the Court of 1st Civil Judge, Class-I, Mungeli, C.G., in Civil Suit No.

S-103A/1997.

2. In Second Appeal No.417 of 2004, an application was moved for substitution of LRs of appellant under Order 22 Rule 4 of C.P.C., in which the petitioner had claimed to be the legal heir of the deceased appellant- Luli Bai. A similar application was filed by the respondent and others claiming to be legal heirs of deceased respondent Son Bai on the basis of the will in their favour. The learned appellate Court passed order dated 05.04.2016, directing the Court of Civil Judge, Class-I, Mungeli to determine the issue under Order 22 Rule 5 of C.P.C. with respect to the legal representatives of the parties and send back the matter along with the report and findings to the Registry.

3. It was on the basis of this order, the proceeding was drawn by the Court of Civil Judge Class-I, Mungeli. It has been held in the impugned order that the petitioner and respondent both have failed to prove that they are the legal heirs of the deceased parties