1. This revision petition has been directed against the order of Civil Judge (J.D.), Barmer dated 28th March, 2001 in Civil Original Case No. 58/93 "Kumari Lata v. Totamal" by which the application moved by the legal representatives of the defendant No. 2 Panjumal under Order 22 Rule 4(2) Civil Procedure Code was rejected. On the death of defendant No. 2 Panjumal, his legal representatives filed proposed written statement under Order 22 Rule 4(2) Civil Procedure Code alleging therein that after the death of Panjumal, they being the legal representatives have been impleaded as such. Therefore, they have every right to make any defence in the suit and to file written statement. The learned trial Court relying on the following decisions of this court, rejected the application:-

(1) Rameshwarlal & Anr. v. Raghunath Das & Ors., WLN 1976 (UC) 387 (decided on 11.10.1976).

(2) Rameshwar Prasad v. Pratap Singh & Ors., RLR 1989 (2) 273 (decided on 20.7.1988).

2. It was argued by Mr. S.D. Vyas, learned counsel for the petitioner relying on the judgment of the Delhi High Court in Saiyed Sirajul Hasan v. Syed Murtaza Ali Khan Bahadur & Ors., AIR 1992 Delhi 162 that legal represe