High Court for the State of Telangana at Hyderabad (Renuka Yara, J.), 06-10-2025: Second Appeal No.265 of 2025 under Section 100 C.P.C. against the judgment dated 07-02-2025 in A.S.No.7 of 2024 (I Additional Chief Judge, City Civil Court, Secunderabad), confirming the judgment dated 23-11-2023 in O.S.No.1062 of 2022 (I Junior Civil Judge) dismissing the plaintiff-appellant's suit for declaration that he is the legal heir of late Chandradev Singh alias Shyam Singh. The trial court dismissed the suit because the alias name was not pleaded; the first appellate court dismissed the appeal on the different ground that all legal heirs — the deceased's wife (Smt. Kumudini Chauhan) and daughter (Smt. Ambi(a Thakur) — were not arrayed as parties. Along with the Second Appeal the appellant filed I.A.No.2 of 2025 under Order I Rule 10 (2) C.P.C. to implead them as respondents. Counsel for the appellant then sought leave to withdraw the appeal with liberty to file a fresh suit arraying all legal heirs; counsel for respondent No.1 (Defence Estate Officer) reported that a second appeal admits only substantial questions of law and has no scope for impleading new parties. Observing that the substantial questions raised (dismissal for non-joinder without opportunity to cure; lower appellate court deciding on a finding different from the trial court's) could not be considered in view of the first appellate court's finding that a suit for declaration of legal heirs is not maintainable unless all legal heirs are parties, the Court permitted withdrawal: I.A.No.2 of 2025 was dismissed and the Second Appeal was dismissed as withdrawn with liberty to pursue any other remedies available, with no order as to costs.
