1. This Civil Revision application is directed against an order dated the 10th April, 1976, of the Additional Subordinate Judge of Dhanbad, summarily dismissing the application of the petitioner under O. XXI, R. 58 of the Civil P. C. (hereinafter referred to as the Code), without any investigation, on the ground that the objection was at the instance of the son of the judgment-debtor, and designedly filed to delay the delivery of possession and was a belated one.

2. Necessary facts for the disposal of this application may shortly be stated. The Opposite Party brought a suit, (Title Suit No. 505 of 1962) for eviction of the defendants, who were (i) Bhagwati Prasad Sharma, (ii) Lajpat Rai Seth, and (iii) Jawahar Lall Seth, from a house in the Town of Jharia, under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1948, on the ground of personal necessity, as well as breach of the terms of the tenancy and arrears of rent. The allegation was that Lajpat Rai Seth was the tenant of the house in question and the other two defendants were sub-lessees of Lajpat Rai Seth (Defendant No. 2). These three defendants were impleaded as Opposite party in this Civil revision applic