1983 Supreme(MP) 867

IN THE HIGH COURT OF MADHYA PRADESH
G.P. SINGH, J.
Punamchand – Appellant
Vs.
Chhaganlal – Respondent
C.R. No. 125 of 1981 (I)
Decided on : 29-06-1983.

Headnote:(1) Civil Procedure Code, 1908 - O.21, R.58 (unamended) - nature of right under - not merely personal but a heritable right.

       (2) Civil Procedure Code, 1908 - O.22, R.3 and O.21, R.58 (unamended) - heirs of objector - may be substituted after death of objector - his right is not personal but a heritable right.

       Short Note

       1. One Babulal filed an objection under O.21, R. 58, which was registered as Misc. Judicial Case No. 21 of 1976. Babulal died on 28 - 3 - 1980. On an application made by Radhabai, widow of the deceased, his legal representatives were brought on record by the order under revision.

       2. Held: Learned counsel for the applicant submits that the nature of a claim under O.21, R.58, CPC, as stood before its amendment in 1976, was merely personal, which did not survive after the death of the person making the claim. In this connection it is argued that the inquiry was confined to questions of possession. Even assuming that inquiry under O.21, R.58, CPC as it stood before its amendment in 1976, was confined to questions of possession, still there is no reason to conclude that such a claim was merely a personal claim and the right to pursue the claim did not devolve on the legal representatives. A possessory right is heritable and, therefore, a claim based on possession would also be heritable and would not be merely a personal right. It is, therefore, not correct to say that on the death of an Objector under O.21, R.58. CPC the right to pursue the objection did not survive and the legal representatives could not be brought on record.