DIPAK MISRA
Baboo Ali – Appellant
Versus
Mushtak Ahmad – Respondent
Dipak Misra, J.
1. Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') the defendants/petitioners have called in question the legal validity of the order dated 10-5-2000 passed by the learned Civil Judge, Class-II, Kotma in Civil Suit No. 98-A/98.
2. The facts as have been unfurled are that the non-applicants as plaintiffs initiated civil action against Baboo All, the father of the present petitioners, for eviction and arrears of rent. Baboo Ali entered contest and disputed the claim of the non-applicant by denying the existence of relationship of landlord and tenant and also questioning the title of the non-applicants. Baboo Ali also claimed title in respect of the suit property. During the pendency of the suit Baboo Ali expired, and thereafter, the petitioners were brought on record as legal representatives. After the present petitioners were substituted an objection was raised by them that other legal heirs had been left out. They supplied the names of two daughters of Baboo Ali, namely, Momena Khatoon and Noor Jahan Ahmad. After such an objection was raised and addresses were given, the
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