ORDER :- The petitioner who was the plaintiff in O. S. No. 720 of 1975, on the file of the learned First Additional Subordinate Judge, Coimbatore, instituted the suit against five defendants, and the fourth defendant was dead even on the date when the suit was instituted. Subsequently, the petitioner filed I. A. No. 736 of 1976 under O. XXII R. 4 and S. 151, C. P. C. to implead the legal representatives of the said fourth defendant. On that application being opposed, the trial court dismissed the same. It is against the dismissal of the said application, the present civil revision petition has been filed.

2. The suit was filed on 3-11-1975 while the fourth defendant had died even on 19-8-1975. Consequently, the suit was filed against a dead person as far as the fourth defendant was concerned. A suit against a dead person is admittedly a nullity. Therefore, as far as the fourth defendant was concerned, it was as if no suit whatever had been filed. If so, O. XXII, R. 4, C. P. C cannot be invoked for the purpose of impleading the legal representatives of the fourth defendant as parties to the suit.

3. The learned counsel for the petitioner, relying on the decision of this court