declaration of his rights on the basis of a will which is said to have executed by Bhagauti Prasad in his favour dated 14.12.1999. The said suit came to be decreed ex parte as far as the present petitioners are concerned, since, they were not impleaded and in the said suit only contesting party was Shobha Ram. Once the said suit was decreed on 07.08.2019, the petitioners filed a First Appeal before the lower appellate court and another appeal was filed separately by Shri Shobha Ram. Both the appeals were connected and by means of common order dated 30.04.2022, it was dismissed. The appeal of the present petitioners was dismissed on the ground that they have already moved an application under Order 9 Rule 13 CPC and therefore, they were directed to avail the remedy before the trial court itself. The appeal of Shobha Ram was dismissed on the ground that since he had entered into compromise before the trial court, hence, his appeal did not have much weight. It is being aggrieved by the aforesaid order of the lower appellate court that the petitioners preferred a second appeal before the Board of Revenue wherein the Board of Revenue by means of order dated 26.06.2023 framed four substantial questions of law. It is urged that the private respondent no.5 moved an application before the Board of Revenue seeking recall of the order dated 26.06.2023 on the ground that no substantial questions of law arise in the second appeal. Though the application for recall was heard but it is stated by the counsel for the petitioners that the Board of Revenue not only recalled the order but it also dismissed the appeal on merits it was never actually heard.
