JUDGMENT I This petition is filed under section 151 of the Code of Civil Procedure (for short the 'Code') seeking a direction that the petitioner be also permitted to participate in the proceedings going on in the trial Court as regards the determination of question as to the legal representatives of the deceased Kesharbai and thereafter Lalitabai. This is a long drawn litigation. Before the procedural wrangle succeeds in eroding the faith in the proceedings need to be put on the correct track. I have heard the petitioner in person and Shri R. C. Kochatta, learned counsel for the respondent Haiderali. With the consent of the parties, the matter is finally heard. On perusal of the record of M.C. No. 48/80 it is seen from the order dated 29.1.81 that it was directed that the petitioner, claiming to be the L.R. under a will, may be permitted to intervene so that controversy may be decided after full enquiry and after hearing all the parties concerned with the litigation. On the question of review, this Court on 30.7.91, passed the following order: - "Therefore, in view of the aforesaid position which has emerged due to the aforesaid circumstances mentioned in detail this application for review is dismissed being infructuous. However, it is directed that the lower Court shall now decide the question of substitution of the legal representatives of Kesharhai and Lalitabai as early as possible say within a period of three months. In the aforesaid circumstances, there shall be no order as to costs of this revision." It is, thus, seen that the lower Court was directed t6 decide the question of substitution of the legal representatives of Kesharbai and Lllitabai as early as possible say within a period of three months. The parties. however, submitted that the necessary enquiry is still not concluded. The parties. however, submitted that the necessary enquiry is still not concluded. Under Order 22, Rule 5 of the Code, it is laid down as under: - "Determination of question as to legal representative -- Where a question arises as to whether any person is or is not the legal representative of deceased plaintiff or deceased defendant, such question shall be determined by the Court: Provided that where such question arises before an Appellate Court, that Court may, before determining the question, direct my subordinate Court to try the question and to return the records together with evidence, if any, recorded at such trial, its findings and reasons therefor, and the appellate Court may take the same into consideration in determining the question." xxx xxx xxx The trial Court is, thus, required to determine the question as to whether any person is or is not the legal representative of the deceased party. Such enquiry is reported to be in progress. The petitioner was already permitted to intervene in such proceedings so that this question is effectively determined. In this petition the petitioner has prayed for the same relief. The propriety of reiternation of this relief is not understandable. It is, however, assumed that this is based on some apprehension. Consequently, it is made clear that the trial Court shall permit the petitioner to participate in this enquiry and to lead evidence as he may choose, in support of his contention of being the legal representative of the deceased party. This petition is, therefore, finally disposed of with the observations as above. Applicant in person.