Despite service, none appears for the opposite party no. 1.

2. The petitioner and the opposite party no. 2 are represented by learned advocates.

3. The affidavit-of-service filed in Court today be taken on record.

4. The matter is taken up for hearing on consent of the appearing parties.

5. The short facts of the case are as follows:

The opposite party no. 1 instituted a suit for eviction against the petitioner. The said suit being dismissed for default, the opposite party no. 1 took out an application under Order IX Rule 9 of the Code of Civil Procedure for restoration of the suit, accompanied by an application under Section 5 of the Limitation Act for condonation of delay in filing the restoration application.

6. During the pendency of such proceeding, the opposite party no. 2 acquired the entire title of the opposite party no. 1 in the suit premises by virtue of a compromise decree and applied under Order XXII Rule 10 of the Code of Civil Procedure, apparently for being substituted in place of the petitioner therein, that is, opposite party no. 1 and for the plaint to be amended accordingly, with the leave to continue with the suit against the defendant.

7. The said applicati