1. The plaintiff respondent filed a suit against Mohd Sadiq Khan. During the pendency of the suit, the plaintiff respondent filed an application for bringing the proper defendants on record. The application proceeded on the grounds that Mohd Sadiq Khan defendant against whom the suit had been initially filed had died about 5 years before the institution of the suit, and, therefore, to proceed with the suit, his legal representatives were required to be brought on record. The application was, therefore, for substitution of the defendants. Vide order dated 21st of November, 1977, the learned trial court despite resistence from the petitioner herein permitted the respondent to amend the plaint and bring on record the Legal representatives of Mohd Sadiq Khan, who had on the date of filing of the suit already died and to proceed with the suit. The order of the trial court has been impugned in this revision petition.

2. On October, 16, 1979, a learned Single Judge of this court (Mr. Justice Mufti Baha-ud-Din Farooqi, as his Lordship then was) being of the opinion that there was no judgment of the Supreme Court of India or of this court on the question whether a suit filed a