SUNETRADEVI Vs. AVINASH DINKARRAO BOHATE

JUDGEMENT

(1.) Rule made returnable forthwith. Shri Kalwaghe, the learned counsel appearing for the respondents waives service of notice. Heard the matter finally by consent of the learned counsels appearing for the parties.

(2.) Special Civil Suit No. 41 of 2010 was filed by one Avinash S/o Dinkarrao Bohate, seeking specific performance of contract, some time in the year 2011. He died on 26.02.2014. An application at Exh.80 came to be filed on 10.04.2014 for brining the names of Respondent Nos. 1A to 1F in this petition as legal representatives of the sole plaintiff. The challenge in this petition is to the order dated 01.12.2014 passed by the trial Court, allowing application Exh.80 in Special Civil Suit No. 41 of 2010 filed under Order XXII, Rule 3 of Code of Civil Procedure.

(3.) The objection in the present petition is that, the respondent Nos. 1A to 1D are the legal heirs of the deceased Avinash S/o Dinkarrao Bohate, but the respondent Nos. 1E and 1F are his real brothers, who cannot be joined as legal representatives of the deceased. The petitioners who are the original defendants have no objection to bring the names of respondent Nos. 1A to 1D on record as legal representatives of the original plaintiff. It is urged that respondent No. 1E to 1F are the real brothers of the deceased and they do not fall within the definition of "legal representative" under Section 2(11) of Code of Civil Procedure. The trial Court could not have, therefore, permitted their names to be brought on record as the legal representatives of the deceased.