(1.) SUDHIR Narain, J. This writ petition is directed against the order dated 4-8-1990 passed by respondent No. 1 rejecting the substitution application filed by the petitioners with a direction to file a fresh substitution application along with an application to set aside abatement.

(2.) THE facts, in brief, are that the petitioners are landlords of the shop in dispute. They filed Suit No. 237 of 1984 in the Court of Judge Small Causes, Allahabad for recovery of arrears of rent, ejectment and damages for use in occupation against Jawahar Lal (deceased defendant) on the ground that he committed default in payment of arrears of rent and illegally sub-let the shop in question. THE defendant contested the suit and denied that he committed default in payment of arrears of rent or sub-let the disputed shop. THE trial Court dismissed the suit on 21-12-1985. THE petitioners filed Civil Revision No. 36 of 1986 against the judgment of the Judge Small Causes Court.

During the pendency of the revision, the sole defendant, Jawahar Lal, died on 9-11-1988 leaving behind him his brother Panna Lal and Nephews from other brothers. As Panna Lal was a preferential heir, the petitioners file