KARIYAPPA Vs. PATEL RUDRAPPA

JUDGEMENT

(1.) What is the duty of a party who has obtained an order from the Court under Or.22, R.4 CPC? Is it for him to correct the cause title of the plaint to give effect to the said order? Should he file an application under Or.6, R.18 of CPC for leave to amend the cause title? These are the questions that arise for consideration in this revision petition.

(2.) The matter arises in this way: One Angadi Kariyappa brought a suit for mesne profits. During the pendency of the suit, defendant 3 died. On 21st Deer, 1968, the, plaintiff filed an application under Or.22, R.4 of CPC to bring on record the legal representatives of the deceased. On 22nd Septr, 1969, the Court allowed the application. But unfortunately nobody did the necessary correction to that effect in the cause title of the plaint. Thereafter, this suit was transferred from one Court to another. After the lapse of a couple of years, the plaintiff was informed that the names of legal representatives of the deceased defendant were not recorded in the cause title of the suit. The plaintiff, then came forward with an application under Or. 6, R.18 of CPC for extension of time and leave to amend the cause title so as to give effect to the order d/.22nd Sepr, 1969. The plaintiffs probably thought that the amendment ought to have been made within fourteen days from the order d/.22nd Sepr, 1969, and since it was not made, he could not amend the cause title without the leave of the Court as required under Or.6, R.18 of CPC. The Court rejected the said application on the ground that it was highly belated.

(3.) The validity of the said order is called into question in this revision petition.