KEDARISETTI SURYANARAYANA Vs. KEDARISETTI VENKATARAJU

JUDGEMENT

(1.) The petitioner who is the defendant in O.S.No.18/68 on the file of the District Munsif's Court, Pithapuram, filed this revision petition challenging the order made in I.A.No.508/89 in O.S.No.18/68 allowing the application to bring on record certain third parties as legal representatives of the seventh defendant. The said application was resisted by the petitioner herein.

(2.) O.S.No.18/68 was filed for partition and separate possession of the plaintiff's share which was decreed on 27-2-1970 and final decree petition is pending. While so, the seventh defendant died on 13-5-1979. However, this application was filed after long gap of nearly 10 years under Order 1 Rule 10 C.P.C. to bring certain third parties as respondents in the final decree proceedings. The main objection of the petitioner herein, is that after the death of the seventh defendant, L.R. application should be filed under Order 22, Rule 3 C.P.C. and if no such application is filed, me suit itself abates and no application under Order 1, Rule 10 C.P.C. is maintainable.

(3.) Rule 4 of Order XXII C.P.C. prescribes the procedure to be followed in case of death of one of several defendants or sole defendant, which is as follows:-