STATE BANK OF HYDERABAD Vs. SYED BARKATULLA

JUDGEMENT

(1.) These two writ petitions involve a similar question for consideration and that is why they are heard together and are disposed of by a common judgment.

(2.) The State Bank of Hyderabad, the petitioner in both these petitions, filed two different suits against 5 persons who are defendants in both the suits. One Kheza Nasiruddin was defendant No. 1 in Regular Civil Suit No. 29 of 1976 and was defendant No, 2 in Regular Civil Suit No. 30 of 1976. The first writ petition arises out of Regular Civil Suit No. 29 of 1976, and the second writ petition arise out of Regular Civil Suit No. 30 of 1976.

(3.) When the summonses were issued to all the defendants it was reported that Khaza Nasiruddin was dead before filing of these suits and this fact is not at all disputed. Hence the petitioner, the State Bank of Hyderabad, gave two petitions in that two suits on 28th Oct., 1977 purporting to be under section 153 of the Code of Civil Procedure and they prayed that the name of Khaja Nasiruddin should be deleted and the names of legal heirs mentioned in the petitions should be brought on record. Thereafter the Learned Civil Judge, (Senior Division), Tuljapur, rejected these applications for bringing the legal heirs on record holding that the suit against dead person is a nullity, therefore, the Legal Representatives could not be brought on record. These two orders in these two different suits are challenged by the petitioner in these two writ petitions.