JUDGMENT - A.P. SHAH, J.:---This petition under Article 227 of the Constitution takes exception to the order passed by the Small Causes Court, Bombay, granting notice taken out by the respondent-landlord for bringing the heirs of the deceased tenant on record.

2. The short question, which is canvassed by Mr. Abhyankar, learned Counsel for the petitioner, is whether it is permissible for the Court to bring the heirs of the deceased on record where, admittedly the defendant has died prior to the suit. Mr. Abhyankar contends that the suit filed against the sole defendant, who was dead at the time of filing of the suit, is a nullity. Therefore, Mr. Abhyankar contends that the plaintiffs cannot be allowed subsequently to amend the suit and substitute legal representatives in place of the defendant. Mr. Abhyankar relies upon the judgment of this Court in (Mahalu Shidappa v. Shankar Dadu)1, A.I.R. 1953 Bombay 357. Mr. Abhyankar also places reliance on the judgments in (Pratap Chand v. Krishna Devi)2, A.I.R. 1988 Delhi 267, (C. Mattu v. Bharath Match Works)3, A.I.R. 1964 Mysore 293, and (Godavariben v. Parikh Somalal)4, A.I.R. 1978 Gujarat 33. Mr. Abhyankar says that the Courts below have p

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