VIDYAWATI versus MAN MOHAN AND OTHERS

VIDYAWATI versus MAN MOHAN AND OTHERS

A legal representative impleaded under Order 22 Rule 4(2) can raise all defences available to the deceased defendant, but must seek to be impleaded in her independent capacity under Order 1 Rule 10 or file a separate suit to assert an independent right, title, or interest. Courts below rightly refused petitioner’s request to file an additional written statement asserting her independent claim without such impleadment.

Parties
Petitioner: Vidyawati; Respondents: Man Mohan and Others
Jurisdiction
India
Judgment Date
01 May 1995
Procedural Posture
Special Leave Petition (civil) / Supreme Court Disposition of SLP From High Court Revision
Outcome
Petition dismissed
Legal Topics
Impleadment of Parties, Legal Representatives, Written Statement, Independent Claim by Legal Representative
Civil Procedure Impleadment of Parties Legal Representatives Written Statement Independent Claim by Legal Representative

Case Brief

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Parties

Vidyawati

Petitioner

Man Mohan and Others

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court Disposition of SLP From High Court Revision

Legal Issues

  1. 1 Whether a legal representative, impleaded as defendant under Order 22 Rule 4(2) of the Code of Civil Procedure, can file an additional written statement asserting an independent right, title or interest in the suit property.

Ratio Decidendi

A legal representative impleaded under Order 22 Rule 4(2) can raise all defences available to the deceased defendant, but must seek to be impleaded in her independent capacity under Order 1 Rule 10 or file a separate suit to assert an independent right, title, or interest. Courts below rightly refused petitioner’s request to file an additional written statement asserting her independent claim without such impleadment.

Court Disposition

Petition dismissed

Orders

  • Petitioner may implead herself in her independent capacity under Order 1 Rule 10 or file an independent suit asserting her own right.