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Since at the time of admission under Order XLI Rule 11 of the Code of Civil Procedure, the respondents have no right of audience and the matter remains with the appellants and the Court, we proceeded to decide the matter as to whether such points involve substantial question of law.
The entire argument hovers around the decision cited by the appellants for the proposition that upon the death of the contractual tenant, tenancy devolves upon his heirs and legal representatives and if any one of them is left out, it is not only that the entire tenancy has not been determined but also the suit is not maintainable.