High Court of Judicature at Allahabad
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M/s Kotia Drug House & Others v. State Bank Of India - WRIT - C No. 59830 of 2005  RD-AH 2547 (8 September 2005)
Hon'ble Anjani Kumar, J.
Heard learned counsel for the petitioners.
The petitioners, aggrieved by an order passed by the appellate court during the pendency of appeal filed by the petitioners that the petitioners should implead all the natural heirs of the deceased, approached this Court by means of this writ petition on the ground that plaintiff claimed succession on the basis of a Will and, therefore, it is not necessary for the petitioners to implead all the natural heirs. Be it as it may be, since in the connected appeal, all the natural heirs have been impleaded, the Court has observed that the petitioners should also implead all the natural heirs. It is admitted that the Will i question has neither probated, nor letter's of Administration has been issued in favour of the petitioners. The petitioners may file application stating that they are filing this application on the direction of the Court without prejudice to the rights of the petitioners.
In my opinion, the order of the appellate Court is on equity which does not call for interference by this Court in exercise of jurisdiction under Article 226 of the Constitution of India.
The writ petition has no force and is accordingly dismissed.
mhu - 59830/05
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