CHANDRA KALA Vs. KANAK MAL

JUDGEMENT

(1.) Though the matter is listed today in default as one of the non-petitioner has not been served, considering the urgency and pendency of the matter, with the consent of the learned counsel for the parties, it was heard on merits.

(2.) The instant revision has been filed against the impugned order dated 27-5-2000 by which the application of the non-petitioner No. 2-Man Mal to the extent that the petitioners, who had been brought on record as legal heirs of one of the defendants in the suit Pan Mal cannot be permitted to file the written statement contrary to what had been taken by their predecessor-in-interest late Shri Pan Mal.

(3.) It is settled legal proposition that once the defendant had filed the written statement and made certain admissions and after his death if his LRs are brought on record, they cannot be permitted to take the stand contrary to what had been taken by their predecessor-in-interest for the reason that LRs put their feet in the shoes of the deceased party and it is not the case of present petitioners that they had an independent right or had been impleaded merely on their or someone else's application under O. 1, R. 10, CPC. It is also not the case of the petitioners that they had an independent right and had been impleaded during the lifetime of deceased Pan Mal.