Rule. Rule made returnable forthwith. With consent of the parties, the matter is taken up for final hearing immediately. Heard learned counsel for the parties. Perused the record.

2. Facts in brief are that respondent no.1-Bank of Maharashtra, had filed Special Civil Suit No. 1261/1998 against four defendants. Defendant No.1 is borrower and other three defendants are guarantors. The present petitioner, who is defendant No.2, filed an application before the trial Court on 03.04.2008 pointing out that defendant No.3-Smt. Asha Khurana, who is mother-in-law of Sanjeev Ahuja, Proprietor of defendant No.1 and who was one of the guarantors, had expired pending the suit. He also disclosed that deceased defendant no.3 had left behind three daughters and a son, who are in occupation of her property and belongings at Kamptee Road, Nagpur. By the said application, defendant No.2 requested the trial Court to direct plaintiff-Bank to take steps to bring legal representatives of defendant no.3 on record. That application was opposed by the Bank on the ground that the plaintiff Bank is not aware about death of defendant no.3 and unless authentic information from authenticate source regard