UMABAI DATTU BHOIR Vs. MALATI KISAN BHAGT

JUDGEMENT

(1.) In view of the order dated 1 st April 2024, this appeal is heard for final disposal. Heard learned counsel for the appellants. Though served, none appeared for the respondents.

(2.) The trial court rejected the plaint under clause (d) of Rule 11 of Order VII of the Code of Civil Procedure , 1908 [" CPC "]. However, the appellate court reversed the trial court's order and restored the suit to its original position by setting aside the order of rejection. Hence, this appeal by the original defendants.

(3.) The appellants had filed an application under the Bombay Regulation VIII of 1827 ["Bombay Regulation"] for the grant of an heirship certificate. The respondents were not party to the proceedings initiated by the appellants. By order dated 21 st August 2018, the appellants' application was allowed, and it was declared that the appellants are recognised as the legal heirs of deceased Changa @ Changu Pada Bhoir. Accordingly, the heirship certificate in favour of the appellants was issued in the form contained in Appendix B of the Bombay Regulation.