Devendra Pratap Singh, J. - (1.) Heard learned counsel for the parties.
(2.) This petition is directed against a revisional order dated 13.5.1994 by which the revision of the respondent-tenant has been allowed setting aside the order passed by the trial court rejecting his application under Order 9 Rule 13 CPC.
(3.) The predecessor in interest of the petitioner Khamani Ram purchased shop no. 87, Inderganj, Etah from Municipal Board on 17.10.1964 wherein the predecessor in interest of the contesting respondent Angan Lal was a tenant. A suit no. 249 of 1969, Khamani Ram v. Angan Lal for arrears of rent and eviction was instituted in the court of Munsif, Etah which was subsequently transferred to Judge, Small Cause Court. The tenant died on 16.2.1971 and thus his son Ram Prakash who was occupying the shop and his two daughters, Smt. Omwati and Smt. Somwati together with his widow were substituted in his place. It appears that service having deemed sufficient, the suit was decreed exparte on 19.4.1978. The occupant son Ram Prakash filed an application under Order 9 Rule 13 which was numbered as Misc. Case no. 41 of 1978 but the same was dismissed after contest and a consequent revision no. 44 of 1980 was also dismissed vide order dated 2.12.1981. It appears that during the pendency of the revision, the plaintiff Khamani Ram died on 8.4.1980 leaving behind several heirs but they were not impleaded in the revision, which subsequently as stated above, was rejected.;