USHA GOPAL GOWDA Vs. M T THARANATH

JUDGEMENT

(1.) The petitioner/legal representative of the sole defendant in O.S.No.119/2007 is before this Court, aggrieved by the order dated 03-03-2015 passed on I.A.No.15 by the Civil Judge and JMFC, Belur.

(2.) Petitioner is the legal representative of the sole defendant and respondent is the plaintiff in O.S.No.119/2007 filed for a judgment and decree of permanent injunction in respect of the suit schedule property. In the suit, only Late K.M.Gopala Gowda was the defendant who died during the pendency of the suit. The plaintiff/respondent filed an application under Order 22 Rule 4 of CPC to bring the legal representative of late K.M.Gopala Gowda. Smt.Usha Gopala Gowda, who is the wife of K.M.Gopala Gowda is shown as the sole legal representative in the application. The said application was resisted by the legal representative/petitioner herein contending that in a suit for injunction, cause of action would not survive and cause of action dies along with the defendant. The cause of action on which the suit is filed is personal cause of action against the original defendant late K.M.Gopala Gowda and there is no allegation against any other persons in the suit. The trial Court, on consideration of the I.A. by its order dated 03-03-2015 allowed the I.A filed under Order 22 Rule 4 of CPC and permitted the plaintiff to bring Smt.Usha Gopala Gowda wife of K.M.Gopala Gowda on record as legal representative. The said order is impugned in this writ petition.

(3.) Heard the learned counsel for the petitioner as well as the learned counsel for the respondent. Perused the writ papers.