JUDGMENT - K.K. Desai, J.

(1) This is a revisional application be heirs and legal representatives of one Damji Lavji Damani, being the original Rspondent, hereinafter referred to as "the licensee", in the ejectment Application No, 98/1232/E of 1960 filed by the Opponent (Original Applicant), hereinafter referred to as "the licensor", in the Court of Small Causes at Bombay under Section 41 in Chapter VII of the Presidency Small Cause Courts Act, seeking to eject the licensee from the premises mentioned in the application. The licensee died intestate at Bombay on May 31, 1962, leaving him surviving as his only heirs and legal representatives the petitioners in this revisional application. By his applicationdated November 12, 1962, the licensor applied to the Court of Small Causes to set aside the abatement of his application and to condone delay in the making of the application and bring on the record of the ejectment application the names of the above petitioners as Defendants 1 to 8 as legal representatives of the licensee.

(2) The petitioners inthis revisional application contend that the Court of Small Causes ought not to have made the order dated February 21, 1963, granting the ap

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