STATE BANK OF INDIA Vs. UDIA KARNA

JUDGEMENT

(1.) THE plaintiff has filed this Civil Revision against the order of the trial Court rejecting the applieation under Order 1, Rule 10, CPC. for addition of the legal heirs of deceased defendant No. 1 as parties to the suit,

(2.) ADMITTEDLY , at the time of filing of the suit. Defendant No. 1 was already dead. When this aspect was discovered, the plaintiff filed an application under Order 1, Rule 10, CPC to add the legal representatives of defendant No. 1 as parties to the suit. The said petition was rejected by the trial Court on the ground that the suit against dead person being a nullity, the petition cannot be allowed. The trial Court observed :

(3.) IN such view of the matter, the Civil Revision is allowed. Since there is no appearance on behalf of the opposite parties, there will be no order as to costs.