JUDGMENT :

N.J. Jamadar, J.

1. Rule. Rule made returnable forthwith and, with the consent of the learned counsels for the parties, the petition is heard finally.

2. This petition under Article 227 of the Constitution of India calls in question the legality, propriety and correctness of the order dated 22nd September 2016 passed by the learned 3rd Joint Civil Judge, Senior Division, Nashik on an application (Exh. 55) purported to be under Order I Rule 10 coupled with Order VI Rule 17 of Code of Civil Procedure, 1908 ('the Code') to bring on record the legal representatives of the defendant No. 1, who had died before the institution of the suit, being Regular Civil Suit No. 8 of 2013; whereby the application came to be rejected.

3. The petition arises in the backdrop of the following facts:

(a) The defendant No. 1-Sou. Raj Beri was the owner of the land bearing Plot No. 19, out of Survey No. 55/4 situated at Mouje Gangapur, Taluka/District Nashik ('the suit property'). The defendant No. 1 had agreed to sell the suit property to the plaintiff under an agreement for sale, dated 17th December 1997. The plaintiff had paid the entire consideration of Rs. 51,202/- to the defendant No. 1. Howeve