( 1 ) BY this petition u/s. 115 of the Code of Civil Procedure, the applicant seeks to challenge the correctness, validity and propriety of the order dated 17-7-1998 passed by the 6th A. D. J. Bilaspur in Misc. C. A. No. 8/97.

( 2 ) THE facts necessary for disposal of the present revision are that one Gurdeo Singh filed a suit against the present applicant defendant inter alia pleading that the applicant defendant be restrained from flowing the dirty water in the lane and be also restrained from creating nuisance. The suit was contested by him up to the year 1995, though RS in the year 1992, the said Gurudeosingh transferred the property in favour of the present non-applicants. The factum of sale was not brought to the notice of the Court, nor the present applicant knew about it. The non-applicants, despite purchase of the property, did not come to the Court either under Order 1 rule 10 or under Order 22 rule 10 of the Code of Civil Procedure. The suit continued and after the death of the said Gurudeosingh, the present non-applicant filed an application under Order 22 rule 10 for their substitution on the strength of the assignment. The said application was opposed an