DWARKA PRASAD, J.—The only question, which has been raised in this revision petition, is as to whether the petitioner is a proper party to the suit for eviction filed by Budhmal and Manak Chand against Radhakishan.

2. The plaintiffs case is that Radha Kishan was their tenant in respect of the suit shop and eviction of the tenant Radha Kishan is claimed in the suit on several grounds, inter alia that he has sub-let the shop in dispute to the petitioner Sanwar Mal (Sanwar Ram). The defendant Radha Kishan filed an application admitting the allegations made in the plaint and has not contested the suit. The petitioner Sanwarmal filed an application in the trial court stating that he was the tenant of the plaintiffs in respect of the suit shop and that Radhakishan has nothing to do with the tenancy of the said shop and that the petitioner Sanwarmal was in possession of the suit shop as a tenant from the plaintiffs. The petitioner prayed that he may be impleaded as a party to the suit being a proper party. The application was dismissed by the learned District Judge, Churu by his order dated August 19, 1982 on the ground that the petitioner did not state in his application that he was a sub

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