Code of Civil Procedure, 1908–Order 22, Rules 1 & 2–Denial from substitution of the appellant as plaintiff with the view that the appellant was not entitled to proceed further without impleading the other son and daughter of deceased–Appellant is admittedly son of deceased–Thus, his entitlement whether by way of testamentary succession or non-testamentary succession, as being the legal heir of the deceased-plaintiff, cannot be denied–Trial Court could have adopted the procedure envisaged in Rule 5 of Order 22–Impugned order cannot be approved–Set aside and directed for reconsidering the application.
