T.N. Vallinayagam, J.—In the above Civil Revision Petition preferred by the legal representatives of the deceased first Defendant in a suit for recovery of money, the question that is raised is whether the L.Rs. of the Defendant can file a written statement to protect their defence, especially when the defence of the original Defendant was struck of by the Court below and which order was however confirmed by the High Court.

2. The suit is one for recovery of money flowing out of the agreement between the Plaintiff and the Defendant in respect of a Movie. It appears, earlier the defence of the first Defendant was struck of because of the serious misconducted of the deceased Defendant Venugopal and which order passed on I.A. No. VI was confirmed in Civil Revision Petition No. 3284 of 1986 by the High Court. Now, the legal representatives sought permission under Order 22, Rule 4(2) Code of Civil Procedure to file written statement. The trial Court has chosen to reject the same.

3. Heard the Counsel.

4. Order 22, Rule 4(1) and (2) reads as follows:

4(1) Where one of two or more Defendants dies and the right to sue does not survive against the surviving Defendant or Defendants alone, o