Neutral Citation No. - 2025:AHC:125788 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2902 of 2020 Petitioner :- Vanshi (Since Deceased) And 6 Others Respondent :- Smt. Rukmani (Since Deceased) And 7 Others Counsel for Petitioner :- Pramod Kumar Sinha Counsel for Respondent :- Arvind Srivastava Iii Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed challenging the order dated 3.10.2019 passed by the District Judge, Rampur allowing the application 39B filed in Civil Appeal No.22 of 2017 by which the court below has allowed amendment application filed by the plaintiff-appellant for amending the substitution application. The order dated 17.3.2020 allowing the substitution application is also under challenge in the present petition. 3. It has been contended by learned counsel for the petitioners that Original Suit No.148 of 2008 was filed by Smt. Rukmani against the petitioners for cancellation of sale deed dated 22.4.1987/12.5.1987 as well as for relief of injunction. According to the plaint case, the said sale deed was executed by the husband of the plaintiff. The suit so filed was dismissed by the trial court by judgment and decree dated 6.4.2017. Being aggrieved, the plaintiff filed the Civil Appeal No.22 of 2017. During the pendency of the appeal, sole plaintiff-appellant died and an application for substitution was moved by the daughters being six in number for substituting the sole plaintiff-appellant. Thereafter, an application for amendment was moved by the applicants to the substitution application for amending the application and adding appellant no.1/7 claiming the same to be son of the original plaintiff. This amendment application was objected by the defendants- respondents on the ground that in the plaint, the plaintiff has disclosed only six daughters and has also said that her husband died in the year 2001 and it has been further objected by the defendants-respondents that once the husband of the deceased plaintiff-appellant died there was no question of there being any son of the plaintiff-appellant. It has also been objected by the defendants-respondents that in the plaint, it has been disclosed that the plaintiff has only six daughters and no son. The suit was filed in the year 2008. The said application was allowed by the District Judge by the order dated 3.10.2019 and subsequently the substitution application was also allowed by the order dated 17.3.2020. 4. It has been contended by learned counsel for the petitioners that once the petitioner himself has admitted that he has no son and has only six daughters and his husband has died prior to institution of the suit, there was no possibility of any son being born to the plaintiff-appellants and as such the amendment in the substitution application was erroneous. 5. Per contra, learned counsel for the respondents submitted that the case of the plaintiff-appellant was that she has adopted the son in the year 2009 after institution of the suit. 6. Be that as it may, defendants has no concern with the heirs to be substituted of the plaintiff unless the heirs themselves dispute the substitution. In the present case, six daughters who have earlier filed the application themselves had moved an application for amending in the substitution application. 7. In any view of the matter, the defendant-respondents is not a person aggrieved or is being prejudiced by allowing the amendment application amending the substitution application as the substitution is only for continuation of the lis and it does not decide the rights of the parties. Secondly, here there is no dispute between the defendants-respondents and the plaintiffs-appellants regarding ownership. The suit is for cancellation of the sale deed executed by the husband of the deceased plaintiff and there is no question of succession involved in the present case, the objection taken by the plaintiff-appellants is erroneous . 8. Accordingly, the writ petition is dismissed. Order Date :- 29.7.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad