Saeed-Uz-Zaman Siddiqi, J. - (1.) By means of present writ petition, the petitioners have sought for quashing the order dated 16.01.2001, passed by VI Additional District Judge, Sultanpur in civil appeal no.135 of 1999 through a writ in the nature of certiorari.
(2.) The brief facts as emerged out from the pleadings of the writ petition are that regular suit no.392 of 1981 was filed by one Ram Dulare Verma, respondent no.2 in this petition and plaintiff before the learned trial Court, against Mewa Lai, which was decreed against which the petitioners filed civil appeal no.135 of 1999, which was pending in the Court of VI Additional District Judge, Sultanpur. During the pendency of the appeal, the petitioners moved an amendment application bearing Paper No.9-A, which was rejected vide order dated 16.01.2001 .The petitioners thereafter filed a civil revision before this Court bearing civil revision no.31 of 2001, which was dismissed as not maintainable, hence the petitioners filed the instant writ petition, which was admitted on 30.01.2003. During the pendency of this writ petition, the respondent no.2, namely, Ram Dulare Verma died whose heirs have been substituted. The respondents did not file any counter affidavit in spite of sufficient opportunities were granted by this Court.Today none is present on behalf of the respondents even when the case is taken up in the revised list.
(3.) I have heard learned counsel for the petitioners and have gone through the records.;