1. Short facts involved in the petition are that the plaintiffs/respondents instituted a suit for eviction against the sole defendant, namely, Smt. Shobha Sethi. The suit was decreed by the Court of IX Civil Judge, Class II, Jabalpur.

2. Feeling aggrieved by it, Smt. Shobha Sethi preferred an appeal under section 96 of the Code of Civil Procedure. During pendency of the appeal, Smt. Shobha Sethi died on 7th January, 2005. Present petitioners being legal representatives of Smt. Shobha Sethi, were substituted in her place in the appeal. After substitution, the legal representatives submitted additional written statement under Order 22 Rule 4 of Code of Civil Procedure. It was opposed by the plaintiffs/respondents. Learned lower appellate Judge declined to take additional written statement on record.

3. Aggrieved by the aforesaid, the present writ petition has been preferred on the ground that Sub-rule 2 of Rule 4 of Order 22 of Code of Civil Procedure enables the legal representative to take any defence appropriate to his character as legal representative of the deceased defendant.

4. Shri R.K. Sanghi, learned counsel contended that the aforesaid provision read with Order 22 Rule 1