Narendra Kumar Jain, J. - (1.) HEARD learned Counsel for the parties.
(2.) PLAINTIFF /respondent No. 2 Pooran Chand, instituted a suit for eviction and arrears of rent in respect of disputed shop against the defendant/petitioner in the Court of Civil Judge (Junior Division) Bansoor, District Alwar, which was decreed vide judgment and decree dated 03.10.2000. Being aggrieved with the same, the defendant preferred a regular appeal before the First Appellate Court. During the pendency of the regular appeal, the plaintiff/respondent Pooran Chand died on 17.05.2004, but no steps were taken by the defendant/appellant for bringing legal representatives of deceased on record, therefore, the Counsel for the respondents moved an application dated 27.05.2005 to dismiss the appeal as abated. The Additional District Judge, Behror Camp at Bansoor, Alwar vide its order dated 22.12.2005 allowed the application filed by the Counsel for the respondents and, consequently dismissed the appeal of the defendant as abated. Thereafter, the defendant filed an application dated 09.01.2006 before the Appellate Court under Order 22 Rule 4 (5) read with Section 151 of the Code of Civil Procedure, 1908 for substitution of legal representatives of deceased respondent on record and for setting aside the order of abatement dated 22.12.2005.
(3.) THE Appellate Court heard the arguments of the learned Counsel for the applicant/defendant on the maintainability of the application and vide its order dated 24.01.2006 dismissed the application for setting aside the order of abatement. Being aggrieved with the order dated 22.12.2005 passed by the Appellate Court, the petitioner preferred S.B. Civil Miscellaneous Appeal bearing No. 562 of 2006 before this Court on 06.02.2006 and, against the order dated 24.01.2006 preferred the present writ petition under Articles 226 and 227 of the Constitution of India.;