( 1 ) IN this writ petition Mr. Ravi Kant, learned counsel for the petitioner has sought for quashing the proceeding of suit No. 23 of 1978 (Raghuraj Prasad v. Shyama Devi) pending in the Court of Additional Civil Judge, Junior Division, VIIIth Court, Allahabad on the ground that the suit is frivolous and patently it appears on the face of it is not maintainable. However, Mr. Ravi Kant very fairly conceded that this point was never taken in the Court below, on the other hand only when the application for amendment has been allowed and the revision thereout was dismissed the present application has been filed.

( 2 ) IN order to appreciate the contention of Mr. Ravi Kant, learned counsel for the petitioner, it is necessary to briefly refer to the facts of the case.

( 3 ) IT is alleged that the suit property was recorded in the name of one Ram Narain in the records of the Nagar Mahapalika. The said Ram Narain died on 24-7-1959. The name of respondent No. 3 herein was recorded in the records of Nagar Mahapalika as successor of the deceased on 23-11-1964. On 21-12-1964 the said record mutating the name respondent No. 3 was struck off and instead the name of the petitioner