SUNDRAWWA Vs. APPASAHEB

JUDGEMENT

(1.) The captioned writ petition is filed by the plaintiffs feeling aggrieved by the order of learned Judge, who has declined to entertain the legal heirs application filed by the plaintiffs to bring the legal heirs of deceased defendant No.3.

(2.) Learned Judge has rejected the legal heirs application filed under Order 22 Rule 9 of Code of Civil Procedure and Sec. 5 of the Limitation Act on the ground that the suit being one for bare injunction. Learned Judge held that on account of death of defendant No.3, the cause of action to prosecute the injunction suit will not survive against the legal heirs of defendant No.3. The said order is under challenge.

(3.) The averments made at paragraph No.9 of the plaint and the affidavit filed in support of order 22 Rule 4 read with Sec. 151 of CPC, would clinch the entire controversy. Paragraph No.9 of the plaint reads as under;