MD S IMAM Vs. RAI BHARAT KUMAR

JUDGEMENT

(1.) THIS revision application is directed against the order dated 18 -12 -1985, passed by the Subordinate Judge, Ist, Patna, in Title Suit No. 26 of 1982, by which he has rejected the application filed by the plaintiff -petitioner under Order XXII, Rule 4(4) of the Code of Civil Procedure (hereinafter referred to as 'the Code), claiming exemption from the necessity of substituting the legal representatives of deceased defendant No. 3, who even though appeared in the suit but neither filed any written statement nor did she participate in the proceeding of the suit.

(2.) THE facts necessary for disposal of the present application are that the plaintiff filed the aforesaid suit for declaration of title as well as for a declaration that the sale deed executed by defendants No. 3 and 4 in favour of defendants No. 1 and 2 was illegal and inoperative as well as for recovery of possession.

(3.) AFTER the death of her husband, the petitioner for some time remained in London and the property was being looked after by the persons authorised by her. During her absence, the mother (defendant No. 3) got her name mutated in the Corporation and she along with defendant No. 4 sold the suit property on 28 -4 -1970 to Shri Rai Bharat Kudmar and his wife Smt. Omi Devi (defendants No. 1 and 2).