AKBAR ALI Vs. SK LOKMAN

JUDGEMENT

(1.) DEFENDANT Nos. 2 and 2 (Ka) have filed this revision petition against the order of the court below allowing the application of Sk. Lokman, opposite party No. 1, to be impleaded as the legal representative of deceased Amina Bibi, instead of the petitioners.

(2.) THE petitioners, defendant Nos. 2 and 2 (ka) were allowed to be substituted as the legal representatives of deceased Amina Bibi, the original defendant No. 2 in the suit by the trial Court's order dated 26-6-1964. THEreafter, Sk. Lokman, opposite party No. 1. filed a petition to be substituted as the legal representative of the above-named Amina Bibi in place of the present petitioner. That petition was rejected by the Court below on 15-11-1966. THEreafter Sk. Lokman preferred Civil Revision No. 19 of 1967 in this court. This Court allowed the said revision petition and set aside the order passed by the court below and remanded the case back to the trial court for disposal in accordance with law, with a direction to make an equiry under Order 22, Rule 5, Civil P. C. as to whether the claim of Sk. Lokman opposite party No. 1, to be substituted as the legal representative of deceased Amina Bibi in place of the petitioners, was justified or not. THE court below in accordance with the said direction heard the parties and by the impugned order passed on 7-9-1970 allowed the application of Sk. Lokman to be substituted as the legal representative of deceased Amina Bibi in place of the petitioners. THE court below on a consideration of the evidence on record and on hearing the counsel of the both the parties finds that Sk. Lokman is the father's brother's son's son of deceased Amina Bibi and defendants Nos. 2 and 2 (Ka), the present petitioners, are the sister's children of Amina Bibi. THE court below finds that the genealogical table filed by opposite party No. 1 has not been challenged by the petitioners, and on a consideration of the evidence and materials on record it finds the same to be correct so far as it relates to the petitioners and opposite party No. 1.