MODA AND OTHERS Vs. HARSH VARDHAN

JUDGEMENT

(1.) This revision application arises out of suit in which admittedly a person who was dead on the date when the suit was filed was impleaded as one of the defendants.

(2.) By the impugned Order, the trial Court has allowed the application under Order 6, Rule 17 of the Code of Civil Procedure allowing substitution of legal representatives of deceased-defendant in his place.

(3.) The amendment application besides being opposed on the ground that the legal representatives of a person already dead prior to filing of the suit cannot be brought on record by way of amendment was also opposed on the ground that if the suit had been brought on the date on which the amendment application had been filed, it would have been barred by limitation.