O.P.Srivastava, J. - (1.) -These are two connected writ petitions directed against the judgment and order dated 31.7.1989 passed by the Vlth Additional District Judge, Muzaffarnagar whereby the applications of the petitioner No. 1 for permission to file the written statement was rejected. Since both the writ petitions are connected and arise out of the same order, they are being disposed of by this common judgment at the admission stage with the consent of the parties.
(2.) The facts giving rise to these writ petitions, in brief, are that the Respondents 2 and 3 filed a suit for ejectment and arrears of rent against Jagdish Prasad Goel and others. During the pendency of the suit, Jagdish Prasad Goel died. A substitution application was moved and notices were directed to be issued to the legal heirs. While directing the substitution of the names of the heirs in place of deceased Jagdish Prasad, the trial Court directed the issue of notice to Hariraj Swaroop, his legal representative. However, on the application of the respondent-land lord, the Court made an observations that there had been no need of issue of notice. The two orders were passed respectively on 10.10.1986 and 20.10.1986. The case was, thereafter decided ex parte. Sheo Kumar Goel, a co-tenant and co-defendant preferred a revision. During the pendency of the revision the petitioner moved an application for permission to file written statement. The learned Revisional Court after hearing the parties rejected the application on 31.7.1989. It is against this order that the present writ petitions have been filed in this Court.
(3.) I have heard the learned Counsel for the parties and have also gone through the record.;