AI Structured Summary
Not yet generated for this judgment
Judgment
Sanjay Dhar, J
The petitioners, who happen to be the plaintiffs before the learned trial court have challenged order dated 06.4.2023 passed by the 1st Additional Munsiff, Jammu whereby their application under Order XXII Rule 4 Code of Civil Procedure(CPC) for bringing on record the legal representatives of deceased-defendant No. 3 has been held to be not maintainable on the ground that the said defendant had died even prior to filing of the suit.
Heard and considered.
There cannot be any quarrel with the preposition of law that provisions of Order XXII Rule 4 CPC cannot be invoked in a case where a defendant has died even prior to the filing of the suit. The only option available to the plaintiff in a such case is to move an application under Order I Rule 10 CPC for impleading the legal representatives of deceased person and if it is found by the court that their impleadment is necessary for decision of the suit, such an application can be allowed.
In view of aforesaid position of law, the learned counsel for the petitioners seeks permission of this Court to withdraw this petition with liberty to move the trial court with an application under Order I Rule 10 CPC.
Accordingly, the petition is dismissed as withdrawn with leave and liberty as prayed for. If and when the petitioners move an application Order I Rule 10 CPC before the learned trial court, the same shall be dealt with by the said court in accordance with law after hearing the parties and after considering all the objections that may be available to the defendants.