UMASHANKAR Vs. RAMASHANKAR RAI

JUDGEMENT

(1.) Heard Shri Abhishek Kumar, learned counsel for the appellant.

(2.) This appeal has been filed challenging the remand order dated 30.11.2015 in Civil Misc. Appeal No.265 of 2010 passed by the court of Additional District Judge, Court No.6., Ballia setting aside the order dated 26.10.2010 passed by the court of Civil Judge (Junior Division) East, Ballia in O.S. No. 500 of 1991 who rejected the Application (54-c) of the respondent Nos. 1 to 7 herein under Order 22, Rule 10 of C.P.C.

(3.) The facts of the present case are that one Sri Parikshit Rai s/o Padamdev Rai, resident of Village and Post Office-Karnayee, District-Ballia was the owner of some immovable properties. He allegedly executed a sale-deed dated 11.4.1989 at District-Baxur (Bihar) in favour of Smt. Parvati Devi. Subsequently on 01.10.1991 he filed O.S. No. 500 of 1991 alleging that the aforesaid sale-deed is fraudulent and consequently prayed for cancellation of the same. Thereafter, the aforesaid Parikshit Rai sold his immovable properties in question by way of sale-deeds dated 14.8.1991 to Sri Ramashankar Rai and others (respondent Nos. 1 to 7 herein). During the pendency of the aforesaid suit, Parikshit Rai died on 31.7.1995. The appellant herein filed an application dated 26.10.1995 under Order 22, Rule 3 of C.P.C. for substitution of his name as plaintiff in the aforesaid O.S. No.500 of 1991 on the basis of an unregistered will of Parikshit Rai dated 2.2.1994. The said substitution application was allowed by order dated 3.3.1999 by the court of Additional Munsif, Ballia. The respondent Nos. 1 to 7 herein filed an application on 28.10.1995 under Order 22, Rule 10 of C.P.C. for being substituted as assignee in the aforesaid O.S. No. 500 of 1991. The said application was rejected by the court of Civil Judge (Junior Division) East, Ballia by order dated 26.10.2010 on the ground that the appellant herein has already been substituted as legal heir of late Parikshit Rai. Aggrieved with this order, the respondent Nos. 1 to 7 herein filed Civil Misc. Appeal No. 265 of 2010 in the court of Additional District Judge, Court No.6, Ballia, which was allowed by the impugned order dated 30.11.2015 and the matter was remanded with the direction to the court concerned to dispose of the Application (54-c) of the respondent Nos. 1 to 7 herein, in accordance with the directions given in the order. In the memorandum of appeal filed by the respondent Nos. 1 to 7 herein, it was stated in ground Nos. 7, 8, 14 and 17 that the appellant herein is the son-in-law of the defendant Smt. Parvati Devi and the unregistered will is a forged paper prepared with the motive not to contest the suit properly being son-in-law of the defendant herself. Aggrieved with the order passed in Civil Misc. Appeal No. 265 of 2010 dated 30.11.2015, the appellant herein has filed the present appeal.