Code of Civil Procedure, 1908–Order 22, Rules 4 & 9–Application under– Allowed by appellate Tribunal–Death of tenant during the pendency of eviction petition–Information was not given to plaintiff up to the dismissal of suit–Fact of death came in knowledge when the notice of appeal came returned with the report of process server–Plaintiff filed the application for substitution application within 90 days of knowledge–Held, application was rightly allowed.
