KALYANMAL MILLS Vs. VOLIMOHAMMED

JUDGEMENT

(1.) THIS revision under Section 115 of the Civil Procedure Code is by the defendant against the order, dated, 29-8-1961, passed by Shri S. N. Chaturvedi, Additional district Judge, Indore, in Civil Suit No. 61 of 1955, holding that the present respondent, Miss Hamida was a legal representative of the original plaintiff, Wali mohammad for the purposes of continuing the suit under Order 22, Rule 5 of the civil Procedure Code. Wali Mohammad filed the present suit on 30-9- 1955, wherein he claimed an amount of Rs. 29,651/-from the Mills, as also fixation of the bonus amount to him.

(2.) AT this stage, we are not concerned with the merits of the defence raised by the petitioner. Wali Mohammad died on 18-9-1959 and an application for substitution was made by the present respondent Miss Hamida on 17-10-1959. That was well within time.

(3.) THE defendant Mills contested the application on the ground that the claimant was not the real daughter of the deceased. Wall Mohammad. The question, therefore, arises whether her name could be substituted as a legal representative of the deceased plaintiff.