FAYAZ AHMAD Vs. SHABIR AHMAD

JUDGEMENT

(1.) THIS application has been preferred by respondent No.9 for his transposition as Revision Petitioner in Civil Revision No. 43 of 1998.

(2.) PETITIONER and respondent no. 9 are the tenants defendants in the suit pending adjudication before the Civil Court. Landlord -plaintiff has obtained ex -parte decree for eviction of defendants -tenants. In proceedings for setting aside the ex -parte decree, revision petition has been preferred by Fayaz Ahmad one of the defendants in the suit.

(3.) THIS application for transposition has been moved on the ground that the petitioner is not taking any interest in prosecuting the petition and has virtually abandoned the proceedings which is evident from the fact that during the pendency of the proceedings, defendant No.1 died on 1.2.2003 and despite notice of the death of the respondent No. 1 as required under O.22 R10 -A CPC the petitioner has not taken any steps for bringing on record the legal representatives of the deceased defendant who are: his wife and two sons. Respondent No. 10 has also expired on 14.03.2003 and no steps for bringing on record his Legal Representatives have been taken by the petitioner. Such conduct of petitioner if continues, the cause which is common to the petitioner and respondent No.9 shall not only be frustrated but defeated also.