S.H.A. Raza, J. - (1.) ONE Smt. Kaniz Fatima died issueless. On the basis of a Will respondent No. 3 stake the claim for substitution, Petitioner No. 1 claiming himself to be an heir. One Aziz Ahmad, who was the husband's brother of the deceased preferred an application for substitution. He also died. Thereafter his sons and daughters, who are petitioners before this Court applied for the substitution. The District Judge, Almora impleaded respondent No. 3 as a legal representative of late Smt. Kaniz Fatima. Being aggrieved against the said order the petitioners preferred this writ petition mainly on the ground that nothing has been said as to why petitioners be not substituted.
(2.) I have gone through the order passed by the District Judge, who has indicated that the deceased was the wife of his younger brother and, on her death, she had left behind the present applicant and Sagir Ahmad as her sole heirs. As such, they should be impleaded as party to the proceedings. It was also contended on behalf of the appellant that the applicants (petitioners) have no locus standi, since they were not the legal representative of the deceased. In view of the aforesaid position it could not be said that the learned District Judge, has not considered the aspect of the matter. The question which calls for consideration is as to whether "Jeth" of a Muslim widow, who died issueless ought to have been considered by the District Judge. I am of the view that while passing the final orders in the appeal this aspect of the matter should be considered by the District Judge by indications in the order as to why he has not impleaded the petitioners as party to the appeal. With the aforesaid observations, the writ petition is disposed of finally. A certified copy of this order be furnished to the learned counsel for the petitioners on payment of usual charges within 24 hours. ;