(1.) This revision under Section 115 of CPC is directed against the order dt. 26-8-2000, passed by 12th ADJ. Jabalpur in MCA No. 59/98 affirming the order dt. 3-9-98, passed by 11th Civil Judge Class-II, Jabalpur in MJC No. 77/97 whereby application under Order 22, Rule 10, CPC filed by the applicant has been dismissed.
(2.) Plaintiff/non-applicants-Awadh Bihari and Govind instituted C.S. No. 325-A/94 in the Court of Civil Judge seeking eviction of tenant-defendant/non-applicants Nos. 1 to 5 on grounds under Section 12(l){a)(e) of the MP Accommodation Control Act (hereinafter referred to the "Act" for convenience). The suit was decreed ex parte vide judgment dt. 6-10-1994. Defendant/non-applicants Nos. 1 to 5 thereafter filed application under Order 9, Rule 13, CPC for setting aside the ex parte decree in C.S. No. 325-A/94. Plaintiff/non-applicants Awadh Bihari, Govind Soni, vide Regd. Sale-deed dated 4-3-1996 sold the suit house to the applicant Gous Mohd. and specifically assigned the decree passed by 10th Civil Judge Class-II in C.S. No. 325-A/94 in favour of applicant. Since the application under Order 9, Rule 13, CPC is pending, applicant filed application under Order 22, Rule 10 read with Section 146. CPC for substitution of his name in the ceedlngs. This application being resisted by the defendant/non-applicants Nos. 1 to 5 was rejected by Civil Judge in MJC No. 77/ 97 vide order dated 3-9-1998. Applicant filed MCA No. 59/98 and the same has been dis- missed vide impugned order dt. 26-8-2000, passed by 12th ADJ, Jabalpur.
(3.) The impugned order was passed by the Court below mainly on the basis that a decree passed under Section 12(l)(a)(e) of the Act could not have been assigned and the sale-deed dt. 4-3-1996 was executed by the plaintiff/non-applicants Nos. 6 to 7 af- ter Judgment-decree dt. 6-4-1994 passed by cMUudge. Order 22, Rule 10, CPC provides procedure in case of assignment before fi- nal order in suit. In cases of assignment creation or devolution of any interest dur- ing the pendency of a suit, the suit may by leave of the Court be continued by or against the person to or upon whom such interest has come or devolved. Order 22, Rule 10, CPC must be read with reference to Section 146 of CPC. Save as otherwise provided by this Code or by any law for the time being in force, where any proceeding may be taken or application made by or against any per- son, then the proceeding may be taken or the application may be made by or against any person claiming under him.