1. In this civil revision preferred under Section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') the applicants have called in question the propriety of the order dated 20.11.98 passed by the learned IXth Civil Judge Class-II, Jabalpur in Civil Suit No. 44-A/95.

2. The facts as have been unfolded are that the non-applicant No.1, Arya Vidha Sabha, a registered society filed a suit for ejectment of the non-applicant No.2. According to the plaintiff, Shri G.S. Agrawal was the original tenant and the non-applicant No.2. was the sub-tenant. During the pendency of the suit it came to be known to the plaintiff that G.S. Agrawal had died and, accordingly, the plaintiff filed an application under Order 22 Rule 4 of the Code for substitution of his legal heirs. It was objected to by the defendant No.2 as well as by the legal representatives of said G.S. Agrawal on the ground that said G.S. Agrawal had expired on 15.8.92 long before filing of the suit and as the suit had been filed against a dead person the entire proceeding is null and void and the concept of Order 22 Rule 4 is not applicable. The learned trial Judge accepted the contention of the present appl