Judgment P.C. Jain, J.-Order pronounced in the open Court today. 2. The legal representatives of defendant Munshi have filed this revision petition under Section 115, C.RC. against the order dated 26-11-1997 of the learned Civil Judge (Junior Division). Sujangarh whereby he dismissed the application of the petitioners. 3. The non-petitioner plaintiff filed a suit for arrears of rent and ejectment against deceased Mushi. It is an admitted fact that during the pendency of the suit Mushi died on 19-9-1994 but ignorant of this fact the Court passed an order under Section 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act on 1-10-1994 against deceased Munshi. The legal representatives, after being taken on record, filed an application and requested the Court that since the above order was passed after the death of Munshi and without bringing his legal representatives on record was a nullity and, therefore, must be recalled. However, the learned trial Court did not feel pursuaded to disturb the above order dated 1-10-1994 on the ground that it was an appealable order and it could have been set aside by an appropriate remedy. The application of the petitioners was, therefore, dismissed. 4. I have heard learned Counsel for the petitioner and the learned Counsel for the non-petitioner. 5. It is not in dispute that when the order dated 1-10-1994 was passed under Section 13(5) of the Act, the sole defendant was dead. No such order could have been passed against a dead person. The proper procedure was to bring his legal representatives on record. This was done later on. Since the above order dated 1-10-1994 was against the law. I am inclined to interfere with the same under Section 115, CPC It cannot be allowed to stand. 6. I, therefore, accept the revision petition and set aside the order dated 1-10-1994. The trial Court shall, after hearing both the parties will pass such order afresh.