B. Bhattacharya, J : This revisional application is at the instance of a plaintiff in a suit for eviction inter alia on the ground of sub-letting and is directed against Order No. 89 dated February 23, 2001, passed by the learned Judge, 5th Bench, Presidency Small Causes Court, Calcutta in Ejectment Suit No. 1001 of 2000 thereby rejecting the prayer of the present petitioner under Order 22 Rule 4(4) of the Code of Civil Procedure and adding the heirs of the deceased defendant No.3 as party defendants by exercising power under Order 1 Rule 10 of the Code.

In the suit, the plaintiff petitioner added defendant No.3, the alleged sub-tenant in addition to the tenant who is defendant No. 1.

2. There is no dispute that defendant No.3 died on July 1993 but within the period of limitation prescribed by law, no application for substitution was filed.

Subsequently, long thereafter, the petitioner came up with an application under Order 22 Rule 4(4) of the Code for exempting the plaintiff from the necessity of substituting the heirs and legal representatives of deceased defendant No.3.

3. By the order impugned herein, the learned Trial Judge although has rejected such prayer but has added