C. Y. SOMAYAJULU, J. ( 1 ) THIS revision is directed against the order dated 16-7-2001 in IA No. 696 of 2000 in OS No. 111 of. 1994 on the file of the Court of the Senior Civil Judge, Sangareddy. ( 2 ) ONE Chandramma instituted OS No. 111 of 1994 against the revision petitioner and 5th respondent as defendants seeking partition of her share in the plaint schedule properties. During the pendency of the suit, the said Chandramma died. Respondents 1 to 4 claiming to be the children and husband of the said Chandramma have filed IA No. 696 of 2000 to bring themselves on record as the legal representatives of the said Chandramma. The revision petitioner and the 5th respondent opposed the application contending that the 4th respondent is not the husband and respondents 1 to 3 are not the children of Chandramma. The learned Judge holding that the first petitioner and 5th respondent who admitted that 4th petitioner is the husband of Chandramma cannot now be heard to say that he is not the husband, allowed the petition. The order is being disputed in this revision. ( 3 ) THE learned Counsel for the petitioner placing strong reliance on Gangupati Savitramma and Anr. v. Katuri Ramadevi and Ors. , 1991 (1) ALT 453 , contended that since there is a dispute as to the legal representatives of Chandramma the Court below without giving an opportunity of leading evidence to the revision petitioner and 5th respondent on the question as to whether the respondents 1 to 4 and legal representatives of Chandramma or not was in error in allowing the petition. ( 4 ) I am unable to agree with the contention of the learned Counsel for the petitioner. The said decision has no application to the facts of this case at all. That is a case arising under Order 22, Rule 5 CPC and it was held therein that Rule 5 of Order 22 CPC is mandatory and when there is a dispute as to who the legal representatives of a deceased party is it is the duty of the Court to decide the said question. In paragraph 1 (one) of the written statement filed by the revision petitioner and the 5th respondent it is clearly stated that "the plaintiff at the instance of her husband Ramshetty Karasguthi (4th respondent) has filed this false and frivolous suit. In paragraph 1 (one) of the written statement filed by the revision petitioner and the 5th respondent it is clearly stated that "the plaintiff at the instance of her husband Ramshetty Karasguthi (4th respondent) has filed this false and frivolous suit. " In paragraph 11 of the written statement it is clearly averred that "the plaintiff married with Ramshetty Karasguthi, (4th respondent) who is the brain behind this false case", which clearly shows that the revision petitioner and 5th respondent clearly admitted the status of the 4th respondent as the husband of the deceased Chandramma. As per Section 15 of the Hindu Succession Act, 4th respondent as husband would be an heir to the estate of Chandramma along with the children of Chandramma. Even assuming that respondents 1 to 3 are not the children of Chandramma and 4th respondent, as is contended by the petitioner and 4th respondent, since the fact that the 4th respondent is the husband of Chandramma is admitted, he would be one of the heirs to the estate of Chandramma. ( 5 ) THE contention of the petitioner in the counter that the 4th respondent has to prove that he is the legally wedded husband of Chandramma and that respondents 1 to 3 have to prove that they are the children of the deceased Chandramma and 4th respondent, is to say the least a vexatious plea taken. It is well known that admitted facts need not be proved. The revision petitioner and 5th respondent who admitted the status of the 4th respondent as the husband of Chandramma, cannot now be heard to say that he has to prove his status as the legally wedded husband of Chandramma. The intention of the revision petitioner and 4th respondent is clearly to drag on the proceedings. Therefore, I find no merits in this revision petition and hence the revision petition is dismissed with costs. Advocate s fee is fixed at Rs. 1,500. 00.