Dear All,
We had filed an Interlocutary Application under section 151 of CPC to delete Legal heirs who are misjoinders as per Mohameddan law, in the pending Final decree proceedings in Priciple Civil judge Sr division and CJM court, We had mentioned in our prayer that they are not entitle for any share as per Mohameddan hence delete these LR's.
Our lawyer suppose to have filed this IA in Order 1 rule 10(2) but somehow he filed in 151 of CPC, Now our IA has been dismissed stating misjoinders cannot be deleted in FDP proceedings.
Question: Our Advocate says we have to file a writ petition in High court but when I Spoke to some advocates they are telling any Order passed on section 151 of CPC even though on IA in trial court is appealable in Districtcourt, So need to file a Writ in High court directly ?