NARAYAN CHANDRA SAHU Vs. RADHASHYAM MAHESWAR

JUDGEMENT

(1.) THIS Civil Miscellaneous Petition has been filed by the petitioners challenging the order dated 31.8.2013 passed by the learned 3rd Addl. District Judge, Cuttack in T.A. No. 93 of 1999 allowing an application filed by the opposite party no. 1 under Order 22, Rule 4(4) of C.P.C. for exemption from substituting the legal heirs of the deceased defendant no. 1, who died on 19.1.2013.

(2.) THE facts leading to the present case are that opposite party no. 1 as plaintiff filed T.S. No. 284 of 1990 before the learned Civil Judge (Senior Division), 1st Court, Cuttack claiming the following relief: -

(3.) LEARNED counsel appearing for opposite party no. 1 submitted that since defendant no. 1 was set ex parte as he has not filed written statement nor contested the suit, rightly the lower Appellate Court allowed the plaintiff -appellant to substitute the legal heirs of deceased defendant no. 1 as provided under Order 22, Rule 4(4) of C.P.C. In support of his contention he has relied on the decisions reported in : 64(1987) CLT 289 and : (1999) 1 SCC 158.