Arun Bhansali, J. - (1.) This writ petition under Article 227 of the Constitution of India has been filed by the petitioners aggrieved against the order dated 28.02.2014 passed by the Civil Judge (Junior Division), Abu Road, whereby the application filed by the petitioners-defendants under Order 6, Rule 17 CPC has been rejected by the trial court.
(2.) The respondent-plaintiff filed a suit against Mahesh Kumar in the year 2005 for vacating the shop in question; the suit was filed based on termination of tenancy under Section 106 of the Transfer of Property Act, 1882. Written statement was filed by Mahesh Kumar, inter alia, raising several disputes including the dispute that plaintiff has not impleaded all the legal representatives of original tenant Shri Prabhudayal, in whose absence, the suit was liable to be dismissed.
(3.) Based on the submissions of the parties, the trial court framed issues on 27.11.2008, which were amended on 14.05.2009, 01.02.2011 and 21.04.2011. The material issues presently are whether the defendant is tenant of the plaintiff, whether the tenancy has been validly terminated and whether in absence of all the legal representatives of defendant's father, the suit was not maintainable.;