Suit institute against dead person - order 22 rule 4 will apply only when party dies during pendency of suit - Impleading application maintainable under order 1 rule 10 of CPC.

Citation

CDJ 2018 SC 1116

Pankaj hai Rameshbhai zalavadia vs Jethabhai kalabhai zalavadia through LRS and others

Head Note

Limitation Act - Section 21 - Code of Civil Procedure - Section 151, Order 1 Rule 10, Order 22 Rule 4 - Limitation - whether legal representatives of one of Defendants can be impleaded under Order 1 Rule 10 of CPC where such Defendant expired prior to filing of suit, particularly when application filed by Plaintiff to bring legal representatives of deceased on record under Order 22 Rule 4 of CPC was dismissed earlier as not maintainable -

Court held - no bar for filing application under Order 1 Rule 10, even when application under Order 22 Rule 4 of CPC was dismissed as not maintainable under facts of case - legal heirs of deceased person in such matter can be added in array of parties under Order 1 Rule 10 of CPC read with Section 151 of CPC subject to plea of limitation as contemplated under Order 7 Rule 6 of CPC and Section 21 of Act, to be decided during course of trial - Trial Court was directed to implead legal representatives of deceased seventh Defendant and bring them on record, subject to plea of limitation as contemplated under Order 7 Rule 6 of CPC, as well as under Section 21 of 1963Act, to be decided during trial - judgment of High Court was set aside - appeal allowed.

Paras:15

Cases Referred:
Madhukar Ramachandra Keni v. Vasant Jagannath Patil & Ors., 2013 (4) Mh. L. J. 403,
Jayalaxmi Janardhan Walawalkar & Ors. v. Lilachand Laxmichand Kapasi & Ors., 1998 (3) Mh. L. J. 618,
Arora Enterprises Ltd. v. Indubhushan Obhan 1997(3) R.C.R.(Civil) 200 : 1997 (5) SCC 366
Bhagwan Swaroop and Ors. v. Mool Chand and Ors., 1983 (2) SCC 132,
Sangram Singh v. Election Tribunal, Kotah (AIR 1955 SC 425),
Kalipar Das v. Bimal Krishna Sen(1983) 1 SCC 14.
Karuppaswamy and Ors. v. C. Ramamurthy, 1993 (4) SCC 41
Banwari Lal v. Balbir Singh, 2015(4) R.C.R.(Civil) 176 : 2015(4) Recent Apex Judgments (R.A.J.) 473 : 2016 (1) SCC 607
Ram Prasad Dagduram v. Vijay Kumar Motilal Mirakhanwala & Ors., AIR 1967 SC 278

Comparative Citations:
2017 (6) ALT 37, 2018 (1) MLJ 141, 2018 (1) LW 639, 2017 (6) CTC 54, 2017 (3) MWN(Civil) 663, 2017 (180) ALLINDCAS 177, 2018 AIR(SC) 490, 2017 All SCR 2259, 2018 (126) ALLLR 10, 2018 (2) ALD 82, 2017 (3) ARC 485, 2017 (6) BCR 611, 2017 (4) BLJ 181, 2017 DNJ 947, 2018 (1) GLR 103, 2017 (4) ICivC 759, 2017 (4) JBCJ 175, 2018 (1) JCR 59, 2017 (4) JLJR 165, 2017) (9) JT 429, 2017 (2) OLR 1113, 2017 (4) Pat LJR 181, 2017 (4) RCR(Civil) 777, 2018 (138) RD 521, 2017 (5) RAJ 658, 2017 (12) Scale 134, 2017 (9) SCC 700, 2017 (6) WBLR 512, 2017 (4) WLN 197, 2017 (2) KLR 909, 2018 (1) LAR 125,