SANAT KUMAR PATTANAIK Vs. BISWADEV PATTANAIK AND ORS.

JUDGEMENT

(1.) PLAINTIFF is the Petitioner in this Civil Revision.

(2.) PLAINTIFF filed suit for title and for partition of disputed 'A ' Schedule property in the plaint in the Court of Subordinate Judge, Bhawanipatna. After constitution of a Court at Nawapara the suit was transferred which was registered to that Court. Plaintiff added Parakhit Behera and Kesab Behera as Defendant Nos. 10 and 11 with other Defendants. When notice of the suit was taken. Process Server reported that Defendant Nos. 10 and 11 were dead. On enquiry by Plaintiff it was revealed that Parakhit and Kesab were dead prior to the filing of the suit. An application for amendment of the plaint was filed to add the legal representatives of the two deceased persons as parties to the suit. Before, such application for amendment of the plaint was disposed of, Plaintiff filed an application to treat the same to be one under Order 1, Rule 10 Code of Civil Procedure for addition of parties. On the objection of Defendant Nos. 12 and 13, trial Court refused to add the legal representatives of Parakhit and Kesab as parties relying upon a decision of this Court reported in Cuttack Municipality v. Shyamsundar Behera : 42 (1976) C.L.T. 1283, and also the decisions reported in Jogindar Singh and Ors. v. Krishna Lal and Ors., A.I.R. 1977 Punj. 180, Goverdhan Dass and Anr. v. Darshan Singh and Ors., A.I.R. 1969 Punj. 372 and The State Trading Corporation of India Limited v. K. V. Vaidyalingam and Ors., 1978 M.L.J. 345.

(3.) SHORT question therefore is: Whether the legal representatives of some of the persons who were wrongly added as Defendants though they were dead at the, time of filing of the suit, can be added as parties?