MANMOHAN SINGH, J.

1. The demised premises bearing No. A-15A Hauz Khas, New Delhi, which was previously owned by Dr. Ramesh Kumar Gupta was purchased by the respondent No. 1 (the petitioners in the eviction petition) herein vide Sale Deed on 12th August, 1986. Late Smt. Krishna Gupta the respondent No. 1 in the eviction petition was the tenant of erstwhile owner. It was the case of the respondent No. 1 that she had sub-let the demised premises to Shri Arun Chopra the respondent No. 2 in the eviction petition who claims to be in possession of the tenanted premises.

2. The respondent No. 1 herein filed an eviction petition against Smt. Krishna Gupta and Shri Arun Chopra under Section 14(1)(b) of the Delhi Rent Control Act, 1958 on 25th April, 1995. The same is still pending. The record of the eviction petition shows that the said Smt. Krishna Gupta (respondent No. 1 in the eviction petition) was served with the summons issued by the Rent Controller.

3. She was proceeded ex-parte on 27th November, 1996. She expired in March, 2006. After the gap of number of years the legal representatives of Smt. Krishna Gupta filed an application under Order IX Rule 7 read with Order XXII R