( 1 ) ). IN this revision, the plaintiffs 3 and 12 challenge the orders in LA. No. 36 of 1998 in o. S. No. 19 of 1994 on the file of the Junior civil Judge, Pargi, Ranga Reddy District allowing an application filed by the respondent No. 2 herein purporting to be under Order 22 Rule 3 and Order 1 Rule 10 of the Code of Civil Procedure to come on record as the plaintiff No. 2, being the legal representative of the petitioner No. l.

( 2 ) IN the suit filed seeking partition of the properties and separate possession, the plaintiff, Khasim Bee, the grandmother of the proposed party, died on 27-12-1997 bequeathing the properties under a registered Will deed dated 2440-1994 to the respondent No. 2. On her death, the respondent No. 2 who being a minor, represented through the father and natural guardian sought to come on record as a legatee. This application was opposed denying the execution and correctness of the Will and also stating that the deceased plaintiff had no right or interest in the suit properties to effect any disposition. Further, it was stated that being a legatee, she cannot come on record as legal representative under Order 22 Rule 3 and the provisions under Order 1 Rule 10 of the Code have no application.

( 3 ) THE lower Court rejected these objections relying on the decision in m. Anjaiah vs. K. Venkteshwarlu and allowed her to come on record.

( 4 ) ASSAILING these orders, Sri Ravinder reddy, Counsel for the petitioners, strenuously contended that the respondent, who is claiming as a legatee under a Will does not fall under the definition of a legal representative and cannot come on record under Order 22 Rule 3 and he placed strong reliance on the decision in Akkarayoyina apparao vs. Korad Ammoru and others.

( 5 ) IN reply, Sri S. C. Rangappa, Counsel appearing for the respondent, sought to sustain the orders by contending that the provisions under Order 1 Rule 10 are wide enough to allow even a legatee to come on record.

( 6 ) BEFORE considering the question as to the applicability of the provisions for a legatee under a Will to come on record, it necessitates to refer to the following provisions of the Code of Civil Procedure. "sec. 2 (11 ). "legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued;"" (SIC.) Order XXI Rule 23: (1) Where the person to whom notice is issued under Rule 22 does not appear or does not show cause to the satisfaction of the Court why the decree should not be executed, the Court shall order the decree to be executed. (2) Where such person offers any objection to the execution of the decree, the Court shall consider such objection and make such order as it thinks fit. " order I. Rule 10. (1) Suit in name of wrong plaintiff:- Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, the court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just. Court may strike out or add parties:- (2) The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle