C. R. No. 4657 OF 2006. ****** Mohd. Sharif & others vs Razia Begum & others Present : Mr.J.R.Mittal, Sr.Advocate with Mr.Kashmir Singh, Advocate for the petitioners. Mr.Mohd Yousuf, Advocate for the respondents. ******* Challenge in this revision petition is to an order, dated 18.7.2006, passed by the learned Additional Civil Judge (Senior Division), Malerkotla, partly allowing an application, filed under Order 1 Rule 10 of the CPC by impleading the deceased's mother but refusing to implead his brothers and father. I have heard counsel for the parties and perused the impugned order. A perusal of the impugned order discloses that parties to the present petition are Muslims. The first question that the learned court below was required to prima facie adjudicate was whether customary law or the general law of succession applied to the disputed inheritance. Another question the trial Court should have adjudicated was the rights of the father and a brother, as they are referred to as nominees in two fixed deposits. As the learned trial Court has failed to adjudicate the aforementioned questions, this revision petition is allowed, and the order, dated 18.7.2006 is set aside. The matter is remitted to the learned trial Court to consider the application, filed under Order 1 Rule 10 of the CPC, in accordance with C.R.No.4657 of 2006 : 2 : law, within a period of one month from the receipt of a certified copy of this order. ( RAJIVE BHALLA ) January 21, 2008. JUDGE `kk'