PARMANAND AND ORS. Vs. KAMLA AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against order dated 15.02.2014 passed by the trial court, whereby, the application filed by the petitioners under Order IX, Rule 7 CPC has been rejected.

(2.) THE respondent Nos. 1 to 3 filed a suit for declaration and permanent injunction against Champa Lal, who filed a written statement; however, the said Champa Lal died during the pendency of the suit and an application under Order XXII, Rule 4 CPC was filed by respondent -plaintiff Nos. 1 to 3; the legal representatives of Champa Lal i.e. Gopi, Smt. Chanda and Mangli were taken on record; however, it appears that Gopi also died and, therefore, another application under Order XXII, Rule 4 CPC was filed for bringing on record the legal representatives of Gopi; the notices of the application were issued to the proposed legal representatives; by order dated 28.05.2013 the trial court noticed that the notices sent by registered post acknowledgment due have been received back with the endorsement "refused" and took the service as complete and directed ex parte proceedings against the legal representatives of deceased Champa Lal and directed recording of ex parte evidence of the plaintiffs.

(3.) THE application was opposed by the plaintiffs.