IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7584 of 2011 KHURSHID AHMAD @ KHURSEED AHMD Versus BIBI SHAMINA KHATOON & ORS ----------- 7 2.5.2011 By means of this writ petition the orderimpugned has been challenged on the ground that the defendants have wrongly got the defendants no.11 to 14 arrayed as substituted defendants on the ground that they are step sons of the deceased plaintiff. This is nothing but raising question for determination of legal heirs/legal representatives which the court is bound to determine under Order 5 Rule 22 of C.P.C. Therefore, trial court is directed to proceed further only after determining the question of the newly arrayed defendants as to whether they are legal heirs and have no interest in property or not. This issue shall be decided as preliminary issue first then the suit will proceed further. AnilKrSinha ( Prakash Chandra Verma, J.)