( 1 ) THE hearing arises from an application filed by the applicants Mr. Mayur j. Tanna and two other brothers praying for impleading them; they being sons and legal heirs of their father Jayant D. Tanna, who was representing the firm and died on 26. 10. 2003, as O. Ps, in C. R. R. 1818/2003 so as to enable them to contest the application for quashing.

( 2 ) THE circumstances leading to the above application are that the petitioner Sanjiv Malhotra filed an application being registered as CRR 1818/2003 for quashing the proceeding being Case No. C-3623/03 under Sections 467/468/469/471/120b I. P. C. initiated by the O. P. M/s. Timely Book Centre represented by its proprietor Jayant D. Tanna, pending in the Court of Learned metropolitan Magistrate, 10th Court, Calcutta. The said Jayant D. Tanna died on 26. 10. 2003, for which the present applicants filed the said petition for substitution.

( 3 ) MR. Dutt, learned Counsel for the applicants, on referring the cases of Ashwin Nanubhai Vyas v. State of Maharashtra, reported in AIR 1967 SC 988, Mayabati Haider v. Rent Controller, Calcutta, reported in AIR 1981. Cal 118, Jagannath Ghosh v. Pasupati Nath Ghosh,