SHAKUNTLA DEVI Vs. JAMMU AND KASHMIR BANK LTD.

JUDGEMENT

(1.) Since a short question is involved in the revision petition, I have heard 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. 1, Jammu and Kashmir Bank Ltd. has brought a civil suit for recovery of Rs.22,812.80 against defendant No. 1, a partnership firm, comprising two partners, namely, Prem Nath Chopra , defendant No. 2, and Suresh Chandrs 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 August 27, 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.