1. - Petitioner/defendant Bhanwar Devendra Singh and petitioner/substituted defendant Smt. Kusum Kumari assailed the impugned order dated 21.12.2009 passed by learned Additional District Judge No. 4, Jaipur city Jaipur in Civil Regular Suit No. 152/2006 (241/1992) whereby learned Court below dismissed the applications submitted by petitioners Bhanwar Devendra and Smt. Kusum Kumari under Order 22, Rule 4 (3) C.P.C. dated 8.9.2009 and 15.9.2009 respectively.

2. Since the applications of petitioners dated 8.9.2009 and 15.9.2009 decided by common impugned order dated 21.12.2009 and revisions were filed separately by petitioners Bhanwar Devendra Singh and Smt. Kusum Kumari, therefore both revisions are heard today and are being decided by this common order.

3. The brief facts of the case are that a suit for specific performance of contract is pending against the petitioners along with other defendants. During pendency of suit defendant No. (3) Surya Vijay Singh expired on 8.11.2003. Petitioner Bhanwar Devendra Singh filed an application under Order 22, Rule 4 (3) C.P.C. and petitioner/substituted defendant No. 1/1 Smt. Kusum Kumari filed another application under Order 22, Rule 4