1. The petitioners have been impleaded as legal representatives of de-ceased-Krishan Kumar Uppal in a suit for dissolution of firm and for rendition of accounts.

2. Deceased-defendant-Krishan Kumar has filed written statement. The petitioners moved an application after the substitution of the petitioners as legal representatives claiming that they are entitled to file additional written statement in the capacity of legal representatives of the deceased. Said application has been declined by the learned trial Court. The petitioners are aggrieved against the order so passed by the learned trial Court.

3. Learned counsel for the petitioners has contended that in the capacity of the legal representatives, he has the right to file additional written statement in addition to the written statement already filed by the deceased-defendant. Reference was made to Bal Kishan V/s. Om Prakash, AIR 1986 SC 1952.

4. Order 22, Rule 4, sub-rules (1) and (2) of the Code of Civil Procedure read as under: 4. Procedure in case of death of one of several defendants or of sole defendant. (1) Where one of two or more defendants dies and the right to sue does not survive against the surviving defend