JUDGMENT 1. - The defect as stated by the office regarding array of parties is taken note of and is waived, looking to the subject matter of this intra- Court appeal. 2. We have heard the learned counsel for the appellants and have perused the material placed on record. 3. By way of this intra-Court appeal, the appellants, who are the respondents No. 4 and 5 in the pending writ petition (S.B.C.W.P. No. 9499/2010) arising out of a petition for eviction and preferred against the order passed by the Appellate Rent Tribunal, jodhpur, seek to question the order dated 5.4.2012 whereby the learned Single judge of this Court has accepted the prayer made by the writ petitioner for striking out the name of the deceased respondent Shri Avatar Singh from the array of parties. 4. The said Shri Avatar Singh son of Harnam Singh, who was also a party to the proceedings before the Tribunal concerned as defendant No. 1 and was said to be the co-tenant in the premises in question with the present appellants, expired during the pendency of writ petition; and upon his demise, an information per Rule 10AORDER22 C.P.C. was furnished. Thereafter the writ petitioner landlord made a prayer before the learned Single judge that the name of deceased tenant Shri Avatar Singh may be deleted from the array of parties. In response to this prayer, it was sought to be contended by the present appellants that the wife and other members of the family of late Shri Avatar Singh were available. However, the learned Single judge took note of the fact that in the pleadings originally taken, Shri Avatar Singh had alleged that he was carrying on business in the demised premises in partnership with the present appellants. In view of such stand taken by the deceased-tenant Avatar Singh and then, finding no plea that the wife and the members of the family of Shri Avatar Singh were carrying on business in the suit premises with him, the learned Single judge found it justified to grant the prayer as made by the writ petitioner, to strike out the name of deceased-tenant Avatar Singh from the array of parties. 5. 5. It is sought to be contended by the appellants, who are the persons remaining on record as respondents in the writ petition in their capacity as tenants that an enquiry in respect of existence of legal representatives of late Shri Avatar Singh and their status as tenants ought to have been carried out; and that the name of late Shri Avatar Singh could not have been simply ordered to be deleted without such a necessary enquiry. We are afraid, the submissions remain totally bereft of substance. 6. The pending writ petition has been filed by the landlord against the order passed by the Appellate Rent Tribunal in relation to his petition for eviction. As to who should be joined and against whom cause should be continued, is essentially a matter of the plaintiff-landlord's concern. In the given set of facts, where the present appellants, who are already on record as tenants, could least be considered having any valid and legal grievance against the proposition as stated by the plaintiff-landlord, i.e., for deletion of the name of one of the deceased tenant. Ultimately, the effect, if any, of such deletion would be a matter for consideration of the learned Single judge at the time of deciding the writ petition finally. Subject to the observations foregoing, this appeal stands dismissed summarily.Appeal dismissed. *******