HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER No. - 2378 of 2025 Court No. - 38 HON'BLE SANDEEP JAIN, J. 1. The instant appeal under Order 43 Rule 1 (r) read with Section 104 CPC has been filed by the defendant in O.S. No.217 of 2021, Brijendra Singh & another Vs. Vinod Singh against impugned order dated 27.08.2025 passed by Civil Judge,Senior Division,Court No.18,Deoria, whereby the substitution application 58ka-2 moved for bringing on record the heirs of deceased plaintiff No.1 Brijendra Singh has been allowed and on the basis of his registered Will, it has been ordered that his daughter Sonal Singh be substituted as his legal heir. 2. Learned counsel for the defendant-appellant submitted that the impugned order of the trial court is erroneous because Meena Singh, deceased plaintiff No.1's wife is alive, as such, she was also the heir, but this fact has been concealed by the plaintiff No.2 and she has not been substituted as heir of the deceased. Learned counsel for the appellant submitted that the legality of the alleged Will executed by the deceased plaintiff No.1 in favour of the plaintiff No.2, is in dispute as such, on the basis of that Will the trial court could not have ordered Sonal Singh to be substituted as the legal heir of the deceased plaintiff No.1. He further submitted that all the natural heirs of the deceased should have been substituted.With these submissions, it was prayed that the appeal be admitted and the impugned order be set aside. 3. I have heard learned counsel for the appellant and perused the record. Versus Counsel for Appellant(s) : Manvendra Narain Pathak Counsel for Respondent(s) : Vinod Singh .....Appellant(s) Brijendra Singh And Another .....Respondent(s) 4. It is apparent that the plaintiff Brijendra Singh and his daughter Sonal Singh have filed the instant suit against the defendant- appellant Vinod Singh for the relief of permanent injunction for restraining him from interfering in the peaceful possession of the disputed house No.131 which is situated in Ward No.24 New Colony Deoria City, Tappa-Gobrai, Pargana-Salempur Majhauli, Tehsil & District- Deoria. 5. From the documents submitted with the appeal, it is evident that the plaintiff No.1 Brijendra Singh had executed a registered Will on 02.01.2024, in favour of his daughter Sonal Singh regarding the disputed house, in which she was granted sole ownership after his death. In this Will it is specifically mentioned that his wife Meena Devi is alive, who was ill and was not having fit mental condition and it was also mentioned that the testator was disabled. It is also apparent that plaintiff No.1 Brijendra Singh died on 06.02.2024, as such, the above Will dated 02.01.2024 became effective and on its basis his daughter Sonal Singh has become sole owner of the disputed house. 6. It is true that on the basis of the above Will, only substitution of the heirs of the deceased plaintiff No.1 has been effected and on this sole ground, it cannot be presumed that the Court has accepted the genuinity and validity of the above Will. The plaintiff has to prove the above Will in accordance with law. 7. In view of the above facts, the trial court has not erred in allowing the plaintiff's substitution application 58ka-2 and ordering the substitution to be made in accordance with the above Will dated 02.01.2024. 8. In view of the above, the appeal is meritless and is dismissed at the admission stage. 9. The impugned order dated 27.08.2025 is hereby affirmed. 10. The trial court is directed to decide the present suit preferably within a period of one year from the date, a certified copy of this order is communicated to it, without granting any unnecessary FAFO No. 2378 of 2025 2 adjournment to either of the parties, after hearing the parties, in accordance with law. October 10, 2025 Himanshu FAFO No. 2378 of 2025 3 (Sandeep Jain,J.) Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad