JAYANT NATH, J.

1. The present petition is filed seeking to impugn the order dated 19.10.2013 passed by the learned ADJ.

2. The brief facts which led to the filing of the present petition are that respondent No.1-Sh.Harbhajan Singh, since deceased filed a suit seeking a decree of possession in respect of the property bearing No.102, Rectangle No.13, Kila No.26/3 situated in village Khuraji Khas, Abadi Jagatpuri, New Delhi. It was the contention of respondent No.1 that he is the owner of the suit property having purchased the same from the erstwhile owner on the basis of agreement to sell dated 22.10.1993, registered GPA, Will, affidavit, etc. The suit was filed in December 2004.

3. The petitioners who are the defendants contested the suit claiming title to the suit property.

4. On 18.10.2011, respondent No.1 Sh.Harbhajan Singh passed away. After his death within the period of 90 days, applicant Sh.Darshan Singh Popli filed an application under Order 22 Rules 3 and 10 CPC seeking permission to prosecute the present suit. It was averred in the application that the deceased Harbhajan Singh had executed a Special Power of Attorney for prosecution of the present suit in favour of th