GEMA COUTINHO RODRIGUES Vs. BRICIO FRANCISCO PEREIRA

JUDGEMENT

(1.) LEAVE granted. Appeal heard.

(2.) THIS appeal by special leave is against the judgment of the Panaji Bench, Goa of the Bombay High Court dated January 11, 1983 whereby the learned Single Judge of the High Court upheld the order dated March 19, 1979 passed by the trial Court.

(3.) IT appears that the son namely Mr Cancio Countinho who is stated to be the brother of the appellant died before .the filing of the suit on October 19, 1972. After the filing of the suit the appellant's father on whose behalf a suit had been filed died on July 14, 1974 but no application was filed for bringing on record the legal heirs of the father since the mother (wife of the deceases father) was also the legal heir, already on the record. It appears that the mother on whose behalf the suit had also been filed and continued died on January 18, 1974 and the appellant who is the daughter filed an application on April 11, 1978 under Order 1, Rule 10 (1) read with Order 22 of Code of Civil Procedure for bringing on record the appellant her self as legal heir of the mother. This application was filed on April 11, 1978 but the trial Court by its order dated March 19, 1979 dismissed the application in the view that once one of the plaintiffs died all his successors ought to be made parties to proceed with the suit and the applicant is not entitled to proceed with the suit alone in her own name. The High Court agreed with the trial Court and dismissed the revision petition filed by the appellant by the impugned order dated January 11, 1983.