LAWS(P&H)-1999-9-201

RATTAN SINGH Vs. STATE BANK OF PATIALA

Decided On September 07, 1999
RATTAN SINGH Appellant
V/S
STATE BANK OF PATIALA Respondents

JUDGEMENT

(1.) This revision petition is directed against the order dated 28.7.1999 passed by the Civil Judge (Junior Division), Ambala, rejecting an application filed by defendant 1 for bringing on record the legal representatives of defendant 2.

(2.) The trial Court has rejected the application in view of the provisions of Order 22 Rule 2(B), CPC which casts a duty upon the legal representatives of the deceased to move an application for bringing themselves on record and absolves the person dominus lites from the duty of doing so. It has relied upon M/s. Gian Chand v. Balbir Kumar, 1994 106 PunLR 240 and come to the conclusion that defendant 1 does not have any locus standi to bring on record the legal representatives of defendant 2 who were under obligation to get themselves impleaded as a party or suffer the consequences of the decree which may be passed against them.

(3.) For the reasons recorded above, there is no legal infirmity in the impugned order and the same does not call for any interference. This revision petition is dismissed.