1977 Supreme(MP) 558

IN THE HIGH COURT OF MADHYA PRADESH
M.L. MALIK, J.
Lalla Singh - Petitioner
Vs.
Girdhar Gopal - Respondents
C. Revn. No. 747 of 1975 (J)
Decided On : 27-07-1977

Headnote:Civil Procedure Code, 1908 - O. 22, R. 3 - rule does not prescribe that the application should be filed by the legal representative - any body can bring to the notice of the Court that a party has died.

       Short Note

       1. Plaintiff Kanhaiyalal died on 14 - 8 - 72. An application was made on 29 - 8 - 72 by Shri Tripathi Advocate, for bringing on record Girdhar Gopal, son of the deceased plaintiff. The defendant raised an objection that Shri Tripathi did not hold a power of attorney from the legal representatives and, therefore, an application presented by him could not be acted upon. The trial Court overruled the objection.

       Held : The revision has no merit. Order 22, rule 3 of the Code of Civil Procedure does not prescribe that an application for substitution must necessarily be filed by the legal representative. The rule says that upon an application made in that behalf, the Court shall cause the legal representative to be made a party. Even defendants could move an application. Ordinarily, however, one of the legal representatives or one of the surviving plaintiffs makes such an application. But there is no prohibition to anyone bringing to the notice of the Court that a party has died and so and so are the legal representatives. Union of India v. Ramcharan, AIR 1964 SC 215 at page 219 para 10, relied on. Revision dismissed.