SUMAN Vs. VAISHNO SAROOP

JUDGEMENT

(1.) IN an ejectment suit petitioners want to be brought on record as legal representatives of deceased defendants. The trial court has dispensed with their substitution under Order XXII Rule 4 (4) ,of C.P.C, Hence, this revision petition calling in question the competence of court below to grant exemption, The short point inviting determination is whether learned Sub -Judge has traveled beyond the boundaries of order XXII Rule 4 (4) CPC, while granting exemption. The relevant provision is extracted hereunder: -

(2.) A bare perusal of the provision shows that it confers power on the court to exempt the plaintiff from the necessity of substituting the legal representatives of any such defendant: -

(3.) IN the present case trial court has dispensed with the substitution of legal representatives on considerations other than those envisaged by Order XXII Rule 4 (4) CPC. It has done so on twin grounds: -