Shree Chandrashekhar, J. - (1.) The petitioners are aggrieved of order, dated 08.12.2005 passed in Misc. Appeal No.27 of 2004 by which application for their substitution in place of appellant No. 1 in the pending appeal has been rejected.
(2.) Petitioner No. 1 is the applicant No. 1 and the petitioner No. 2 is applicant No. 2 in the application filed in Misc. Appeal No. 27 of 2004.
(3.) Title Suit No.12 of 1999 was instituted by Md. Hafiz Khan for a decree for declaration of his title over the suit property. The suit was decreed ex-parte by judgment, dated 29.07.2003 and the decree was signed and sealed on 14.08.2003. Against the ex parte judgment and decree in Title Suit No.12 of 1999, Misc. Case No.18 of 2003 was filed which was dismissed by an order dated 06.10.2004. Against this order Misc. Appeal No.27 of 2004 has been preferred. During pendency of the appeal, the appellant No. 1 died on 24.07.2005. The petitioners claiming themselves legal heirs and representatives of the appellant No. 1 filed an application for their substitution in the appeal. This application has been dismissed by the trial Judge by an order, dated 08.12.2005 holding that neither Ajmeri Khatoon nor Imtiaz Khan is the legal heir and representative of the deceased- appellant No. 1.;