Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THIS writ petition has been filed for quashing the impugned judgment dated 9.3.2005 passed by Special Judge E.C. Act/Additional District Judge, Agra in S.C.C. Revision No. 46 of 2004 arising out of order dated 31.7.2004 passed by the Judge Small Causes Court, Agra in Misc. Case No. 38 of 2004 in S.C.C. Suit No. 286 of 1984. Brief facts of the case are that Suit No. 286 of 1984 was filed by respondent No. 1 against Ramesh Dutt Paliwal father of the petitioner for recovery of rent and ejectment, claiming herself to be owner and landlord of the property on the basis of Will alleged to have been executed by Smt. Sukh Devi wife of Sri Krishna Dutt Paliwal. Ramesh Dutt Paliwal sole defendant of Suit No. 286 of 1984, filed his written statement repudiating the plaint allegations. The defendant denied the relationship of landlord and tenant between the parties and claimed himself to be the owner of the property on the basis of the Will dated 29.5.1998 executed by Sri Krishna Dutt Paliwal besides being the natural heir of Sri Krishna Dutt Paliwal.
(3.) RAMESH Dutt Paliwal died on 18.11.2001. A substitution application for bringing on record his legal heirs and representatives was filed before the trial court which was dismissed by order dated 16.10.2003 on the ground that the said application had been filed after expiry of period of limitation. Respondent No. 1 then filed Civil Revision No. 74 of 2003 challenging the validity and correctness of the order dated 16.10.2003 which was too dismissed by order dated 12.11.2003 by the Addl. District Judge, Agra. A review application was filed by respondent No. 1 against the order dated 16.10.2003 which was also dismissed vide order dated 4.3.2003 by the trial court.;