( 1 ) BY this Order, I propose to dispose of the application under Order XXII Rule 3 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code, for short) filed by the appellant for bringing on record the legal representatives of the respondent.

( 2 ) THE legal representatives of the respondent have opposed the said application on the ground that the right to sue does not survive after death of the respondent. An injunction, it was stated, does not run with the land but acts only in personam or against a person. Reliance in this regard was placed on shankara Lingappa versus Nanje Gowda reported in AIR 1981 Kar 78 and Tej Kumar jain versus Purshottam reported in AIR 1981 MP 55. It was further submitted that the original suit as filed was not based upon a contract between the appellant and the respondent but based upon "torts" and on the death of the respondent the said suit, thereafter made subject matter of an appeal abated. Reliance in this regard was placed upon the commentaries of Winfield and zolowicz on "torts", Ratanlal and Dhirajlal on "law of Torts" and judgments in m. Veerappa versus Evelyn Sequeira and others reported in AIR 1988 SC 506,