( 1 ) THIS Rule is directed against Order No. 21 dated 14-6-1977 passed by the learned Munsif, 5th Court, Alipore, in Title Suit No. 448 of 1974. The petitioners are the plaintiffs in the said title suit and the aforesaid suit was filed by the petitioners for ejectments of their tenant Md. Khalil on the ground of default and subletting. The said suit was instituted on the 21st Sept. 1974. During the pendency of the said suit on the 22nd June, 1975, Md. Khalil died. On 11th Sept. 1975, within 90 days from the date of death of Md. Khalil, the plaintiffs made an application for substitution of two of his heirs namely, Sk. Gulzar and Abdul Wadood. On 10th Nov. 1975, another supplementary petition was filed by the plaintiffs for substitution of the remaining heirs of Md. Khalil who were not impleaded in the earlier application dated 11th Sept. 197. 1 It appears that on 22nd March, 1976, both the said two petitions for substitution were heard ex parte and were allowed. It appears that on 11th May, 1977. Sk. Gulzar, opposite party No. 1 (a) appeared in the title suit No. 448 of 1974 and made an application inter alia praying for dismissal of the suit on the ground that the