- (1.) Heard Shri D.C. Mukherjee, learned Counsel for the revisionists. Despite the matter being taken up in the revised list, none responds on behalf of the opposite parties. Shri D.C. Mukherjee, learned Counsel for the revisionists has submitted that the order under revision in this case dated 3.12.1999 passed by IVth Additional District Judge, Kheri is completely unlawful as the same has been passed in clear breach of provision of section 92 of the Code of Civil Procedure inasmuch as the learned Court below has permitted to transpose certain individuals as plaintiffs though the said individuals had neither sought nor were granted leave of the Court to institute the suit.
(2.) The submission on behalf of revisionist-applicants thus is that the learned Court below has exceeded its jurisdiction while allowing the application under Order I, Rule 10, C.P.C. and ordering in transposition of the defendants No. 1 and 3 to 8 as plaintiffs.
(3.) I have given my anxious consideration to the submission made by the learned Counsel for the revisionists and have also perused the records.;