RAVUNNI K. P. Vs. O. K. VELAYUDHAN

JUDGEMENT

(1.) This revision has been preferred by the plaintiff against the order dtd. 13/9/1993 in IA. No. 824 of 1993 arising out of O.S. No. 184 of 1980 on the file of the Munsiff's Court, Kozhikode, by which his prayer to implead supplemental defendants 3 to 6 as the legal representatives of the deceased first defendant was rejected.

(2.) The petitioner/plaintiff filed the suit against defendants 1 and 2 for the issue of a prohibitory injunction restraining them from trespassing into the plaint A schedule property and not to commit damage to the same on the ground that the property is in his possession and enjoyment on the strength of a registered Kanam deed of 1959. He alleged that the defendants illegally made attempts to trespass into the property and cause damage to it. During the pendency of the suit, the first defendant died on 19/9/1992. Hence he filed a petition under O.22 R.4 C.P.C. for substitution of the deceased defendant by impleading his legal representatives as supplemental defendants 3 to 6.

(3.) By the impugned order, the learned Munsiff rejected the petition on the ground that the relief of injunction being a personal remedy, the cause of action will not survive after the death of the wrong doer. The plaintiff has no case that the legal representatives of the deceased defendant, who are now proposed to be impleaded, made any attempt to trespass into the plaint A schedule property. He further held that the proposed defendants cannot be impleaded simply because of the fact that they are the legal heirs or representatives of the deceased defendant when the plaintiff has no cause of action against them.