BALAI KHANRA Vs. SHYAMAL GIRI

JUDGEMENT

(1.) The effective opposite parties are not represented despite service. A legal question of some importance has arisen herein. The issue is as to whether merely because a defendant had not filed a written statement prior to his death or entered appearance to contest the suit, his heirs and legal representatives are subsequently precluded from defending the claim or the suit.

(2.) The petitioners herein applied for being added as parties to a suit relating to an immovable property. The application was contested by the plaintiffs on the ground that the predecessor-in-interest of the petitioners herein had not filed any written statement and, accordingly, the plaintiffs were granted the exemption under Order 22 Rule 4(4) of the Code.

(3.) The Trial Court observed that since the predecessor-in-interest of the petitioners herein had not taken any interest in the matter and the plaintiffs obtained an order of exemption under the appropriate provision, the petitioners were not entitled to be added as parties or to contest the suit.