ALIYAMUTTY HAJI Vs. MAMMI

JUDGEMENT

(1.) WHETHER a suit will abate on the death of the sole plaintiff when the sole defendant on record is one of his heirs, is the question involved in this revision petition.

(2.) UNDER Order XXII R. 3 of the Code of Civil Procedure when a sole plaintiff dies, the Court on application made on that behalf shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit.

(3.) APPARENTLY placing reliance on the decision of the supreme Court in Dayaram v. Shamsundari (AIR. 1965 SC. 1049) an argument is put forward that as the defendant who is one of the sons of the deceased is already on recor d , 'here is sufficient representation of the estate of the deceased and, therefore, there is no abatement of the suit. The decision lays down the doctrine of sufficient representation when there ar e more than one legal representative. It can have no application in cases where there is conflict of interest between the legal representatives on record an those not on record or to cases where the trial of the case can proceed only if the legal representatives not on record are also impleaded.