O R D E R

Since in both the above captioned petitions, challenge has been laid to order dated 5.10.2019 passed by the learned Civil Judge (Senior Division) Shimla, District Shimla, H.P., in CS No. 103-1 of 2011/10 and CS No. 99-10 of 2007, titled Shri Aswani Sood v. Mohini Devi and parties are the same, both the cases were beard together and are being disposed of vide common judgment.

2.2.2017, leaving behind her husband Sh. Prem Chand Sood, Son Shri Ashwani Sood, two daughters namely Smt. Lalita and Babita and Sanjay Sood-defendant No.2. Aforesaid prayer made on behalf of the plaintiff came to be resisted on behalf of defendant No.2 Sanjay Sood, who alleged that he is the sole LR of the deceased original defendant No.1-Smt. Mohini Sood as she has bequeathed her entire property in his favour by way of a registered will. Simultaneously, similar plea also came to be taken by him in an application filed by him under Order 22 Rule 4 CPC, seeking therein his substitution in place of original defendant No.1-Smt. Mohini Sood. Learned trial Court having clubbed both the applications decided the same vide common order dated 5.10.2019 (Annexure P-7), whereby applications having been filed by