ORDER:- This is a civil revision under Section 115 Civil Procedure Code and has been directed against the order dated 28-11-1970 of the Rent Controller, Simla. The facts which give rise to this petition may be stated.

2. Lt. Col. K.M. Sayeed and four others claimed to be trustees of a certain Muslim Trust which is stated to own some properties in the town Simla. They filed a petition before the Rent Controller for the eviction of the respondents who are their tenants. During the course of litigation, two of the trustees tendered resignation and in their place the Government appointed one Dr. Yusuf Hussain Khan as a new trustee. Accordingly an application was given by the petitioners that Dr. Yusuf Hussian Khan be substituted in place of the two trustees who have since resigned. The learned Rent Controller importing the provisions of Order 22, Rule 10 of the Civil Procedure Code granted the prayer and ordered for the substitution. The respondents have felt aggrieved of the decision and have come up in revision.

3. It was contended at the outset, that the revision petition is not maintainable because an appeal could be filed either under Order 43, Rule 1, Civil Procedure Code