S.N.AGGARWAL
Gulshan Rai Janeja – Appellant
Versus
XIV Addl D J Moradabad – Respondent
SUDHIR Narain, J.
1. This writ petition is directed against the order dated 18-10-1995, whereby respondent No. 1 dismissed the revision against the order of the Judge, Small Causes Court dated 4-5-1985.
2. THE facts in brief are that respondent No. 2 filed suit No. 7 of 1991 for recovery of arrears of rent, ejectment and damages against the petitioner on the allegation that he was a tenant of the premises in question. He sublet it to one Roshan Lal Kalra. Roshan Lal Kalra was impleaded in the suit as defendant No. 2. Defendant No. 2 died on 20-4-1991. THE plaintiff-respondent filed application (15-C) on 30-10- 1991 praying that an amendment be made by stating the fact that defendant No. 2 has expired. THE petitioner filed an objection to the said application stating that the plaintiff having not filed any application for substitution of the heirs of the deceased defendant No. 2, the whole suit stood abated and the application for amendment of the plait was not maintainable. THE Additional Judge Small Causes Court vide his order dated 10-12-1991 hell that the right of the plaintiff to sue still survives and the suit does not abate. THE petitioner preferred a Civil Revisio
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