GYANI DEVI Vs. LAKSHMI DEVI

JUDGEMENT

(1.) A preliminary objection regarding the validity of the enquiry held by the learned Registrar of this Court in pursuance of an order dated 18-1-1971 passed by a learned single Judge and acceptance of the enquiry report has been raised on behalf of the appellant. It is necessary to decide the question before the appeal itself can be taken up for hearing.

(2.) This appeal was originally filed by one Mostt. Phule Kuer. She, however, died even before the appeal was placed for admission under Order 41, Rule 11 of the Code. A petition for substitution on behalf of Gyani Devi claiming herself to be the only heir of Phule Kuer was filed within the period of limitation. As there was no appearance on behalf of the respondents at that stage, when the substitution matter was put up, it was allowed by order dated 29-8-1968 and Gyani Devi was substituted in place of the appellant. The appeal was admitted on 20-9-1968. The respondents thereafter filed a petition and a counter-affidavit under Order 22, Rule 5 read with Section 151 of the Code disputing the claim of the substituted appellant, Gyani Devi, as according to the counter-affidavit she was not the daughter of Mahatab Mahto and sister of Banke Mahto as claimed by her in the substitution petition. This controversy being raised, the learned single Judge by order dated 18-1-1971 had referred the matter to the Registrar and directed him to bold an enquiry as contemplated under Order 22, Rule 5 of the Code after giving a reasonable notice to the parties.

(3.) In pursuance of the said direction, the Registrar of this Court held an enquiry and after examining a large number of witnesses produced on behalf of both parties, submitted his enquiry report dated 27-5-1971 for necessary orders. By order dated 18-4-1972 when the enquiry matter was placed for consideration before the learned Judge, it was ordered that it should be considered at the time of hearing of the appeal.