GH MOHD DAR Vs. MEHRAJ-UD-DIN DAR

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 30th of June, 2008 passed by learned Sub -Judge (Chief Judicial Magistrate), Srinagar, in a suit titled as Mohammad Sultan Dar Vs. Habibullah Dar, dismissing the application moved by petitioner Ghulam Mohammad Dar in terms of Order 22 Rule 4(2) of Civil Procedure Code, for short CPC.

(2.) THE short question involved in this revision petition is whether a legal representative can be permitted to put up separate defence independent to the defence taken by the defendant/ deceased?

(3.) IT appears that a suit came to be filed by Mohammad Sultan Dar which is on the docket of the civil court right from 27th of August, 1994. It appears that suit is at its final stage and during the pendency of the suit and during the lifetime of father of the petitioner, petitioner moved an application for arraying him as party in the array of defendants in terms of Order 1 Rule 10 of CPC - - came to be dismissed vide order dated 26th of February, 2000. Thereafter, the defendant died and legal representative of Habibullah Dar came to be arrayed as parties. The petitioner also came to be brought on record as legal representative. He filed an application for permitting him to file additional written statement independently. Learned trial court after discussing the facts and law dismissed the application.