ANWARI BEGUM Vs. FIRST ADDL DISTRICT JUDGE MORADABAD

JUDGEMENT

(1.) R. H. Zaidi, J. By means of present petition the petitioners pray for a writ, order or direction in the nature of certiorari quashing the order dated 17-8-1996 passed by respondent No. 1 dismissing the applica tion filed by the petitioners for substitution of heirs of late Bahban, the revisionist, in the court below.

(2.) IT appears that the suit for ejectment and recovery of rent was filed by the contest ing respondent No. 2 on the ground of default. The suit was decreed by the trial court by its judgment and decree dated 26- 8-93. Challenging the validity of the said judg ment and decree a revision under Section 25 of the Provincial Small Cause Courts Act was filed which is pending. During pendency of the said revision, revisionist Babban died leaving behind the petitioner and respon dent Nos. 6 and 7. The death of Sri Babban took place on 3-5-1996. The petitioners filed the application for substitution of his heirs in place of Babban on 31-7-96. The aforesaid application was rejected by the respondent No. 1, relying upon the provisions of Rule 25 of the Rules framed under the U. P. Act No. XIII of 1972, and, holding that the same was not filed within time prescribed under the said Rule, by its order dated 17-8-96. The petitioner as stated above, has challenged the said order by means of the present petition.

(3.) I have considered the submissions made by the learned counsel for the parties.