A. K. SEN, B. C. Chakrabarti

( 1 ) THIS Rule was issued on an application under section 115 of the Civil Procedure Code and is directed against an order dated May 18, 1978, passed by the learned Additional District Judge, 6th Court, Alipore, in Money Appeal No. 64 of 1975 allowing an application under Order 22 Rule 9 of the Code of Civil Procedure. The substituted heirs of the principal respondent are the petitioners before us.

( 2 ) THE two brothers Sushil and Sunil, the opposite party Nos. 1 and 2 instituted Money Suit No. 2 of 1973 against one Md. Khalil and another claiming arrears of rent from February 1970 to January 1973 from Md. Khalil, the lessee. The suit was dismissed on March 31, 1975, and the said two brothers preferred an appeal being Money Appeal No. 64 of 1975, as aforesaid.

( 3 ) DURING the pendency of the said appeal, the principal respondent Md. Khalil died on June 22, 1975. On September 12, 1975, that is, within the period of limitation the appellants filed an application for substituting Sk. Gulzar (one of the petitioners before us), the father of the deceased and a son by the name of Md. Rashid in place and instead of the deceased principal respondent Md. Kh

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