1. By this revision petition the petitioner has challenged the order dated 4.9.98 passed by learned Additional Civil Judge (S.D.) in execution proceedings.

2. I have heard the learned counsel for both the parties at length and perused the order of learned Judge.

3. The facts of the case are that a suit was filed by Maheshwari Samaj through its Secretary Ganga Bishan Gattani for eviction of the petitioner from the rented premises. This suit was decreed in favour of plaintiff Maheshwari Samaj on 24.11.90. First appeal was dismissed on 28.4.94 and the second appeal was dismissed on 10.8.94. Then the SLP was filed before the Supreme Court which was dismissed on 25.9.95.

4. The admitted position is that Shri Ganga Bishan Gattani the then Secretary of Maheshwari Samaj expired on 12.5.92 during the pendency of the first appeal. An execution application was filed by decree holder Maheshwari Samaj stating the status of decree holder as follows:-

(Vernacular matter omitted.)

5. No leave of the court was obtained as per Order 22 Rule 10 CPC. Notice of the execution case were issued and reply was filed After hearing both the parties the lower court rejected the application by impu