Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 3.12.1998 passed by respondent No. 1 whereby the additional evidence submitted by respondent No. 2 has been admitted in revision.
(2.) The facts, in brief, are that plaintiff-respondent No. 2 is a registered Society and runs an educational Institution known as K. G. Inter College. The disputed portion of the property was let out by respondent No. 2 to the petitioner. Respondent No. 2 filed Suit No. 1163 of 1977 in the Court of Judge Small Causes, Agra against the petitioner for recovery of arrears of rent, ejectment and damages. In the plaint it was alleged that one Kedar Nath Bansal was tenant of the disputed premises. He. without the consent of the plaintiff. Inducted the petitioner as sub-tenant. It was further alleged that the plaintiff, after obtaining permission under Section 3 of U. P. Act No. 3 of 1947 against said Kedar Nath Bansal, filed Suit No. 1055 of 1968 against him and the petitioner.
(3.) Kedar Nath Bansal did not put in appearance in the case and did not contest the suit. The suit was dismissed by the Judge Small Causes Court holding that Kishan Chand. who claims to be the Secretary of the plaintiff, was not proved to be so and, accordingly, the suit filed by him was not maintainable and was liable to be dismissed. Respondent No. 2 filed Revision against this order before the District Judge, Agra. under Section 25 of the Provincial Small Cause Courts Act.;