SHAKUNTALA DEVI Vs. JAMMU AND KASHMIR BANK LIMITED

JUDGEMENT

(1.) Since a short question is involved in the revision petition, I have heard the learned counsel for the parties and proceed to decide the civil revision petition itself.

(2.) The facts of the case in brief are that respondent No. l/Jammu & Kashmir Bank Ltd. has brought a civil suit for recovery of Rs. 22,812.80 ps. against defendant No. I, a partnership firm, comprising of two partners namely Prem Nath Chopra, defendant No. 2, and Suresh Chand Jain, defendant No. 3, Smt. Kabuli Devi, defendant No. 4, was joined as a surety.

(3.) During the pendency of the suit, defendant No. 2, Prem Nath Chopra, died on 27th August, 1983. No application was moved by the plaintiff for bringing on record the legal representatives of the said defendant. Order 30 Sub-rule (4) of the Code of Civil Procedure permits the plaintiff not to bring on record the legal representatives of the deceased/defendant No. 2, and the suit can proceed against the firm and the other partner joined as defendant No. 3.