S.N. Singh, J. - (1.) This petition under Article 226 of the Constitution arises - out of a suit under Sec. 59 of the U.P. Tenancy Act.
(2.) One Smt. Gyana filed a suit for declaration of her tenancy right against the Zamindars and other persons who claimed themselves to be holding through the Zamindars. Smt. Gyana died during the pendency of the suit and the Petitioner applied to be treaty as a legal representative being her heir under the U.P. Tenancy Act. The claim of the Petitioner to continue the sitft as Smt. Gyana's legal representative was not accepted by the trial court; hence the Petitioner filed a revision before, the Board of Revenue through Sri Ram Swarup Gupta a Vakil of Aligarh. The Board of Revenue accepted the petitioner to be the legal representative of Smt. Gyana and directed the case to be proceeded within the trial court.
(3.) Sri Ram Swarup Gupta, Vakil, who represented the Petitioner at the revisional stage prosecuted the case on his behalf in the trial court. The Judicial Officer dismissed the suit by his order dated 29th January 1959. Thereafter an appeal was filed on behalf of the Petitioner through Sri Ram Swarup Gupta. Sri Gupta, however, did not,, file any Vakalatnama along with the appeal which was preferred before the Additional Commissioner.;