PANKAJBHAI RAMESHBHAI ZALAVADIYA versus JETHABHAI KALABHAI ZALAVADIYA (DECEASED)

PANKAJBHAI RAMESHBHAI ZALAVADIYA versus JETHABHAI KALABHAI ZALAVADIYA (DECEASED)

Legal representatives of a deceased defendant who expired prior to the filing of the suit are necessary parties and can be impleaded under Order 1 Rule 10 CPC, even if an earlier application under Order 22 Rule 4 was dismissed as not maintainable, and the courts should approach such applications with the aim of doing substantial justice rather than adhering to technicalities.

Parties
Appellant/plaintiff: Pankajbhai Rameshbhai Zalavadiya; Respondent/defendant: Jethabhai Kalabhai Zalavadiya (deceased) through LRs & Ors.
Jurisdiction
India
Judgment Date
03 October 2017
Procedural Posture
Civil Appeal / Final Decision on Appeal
Outcome
Appeal allowed
Legal Topics
Impleadment of Parties, Technical Rules Vs. Justice, Limitation
Civil Procedure Impleadment of Parties Technical Rules Vs. Justice Limitation

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Parties

Pankajbhai Rameshbhai Zalavadiya

Appellant/plaintiff

Jethabhai Kalabhai Zalavadiya (deceased) through LRs & Ors.

Respondent/defendant

Procedural Posture

Civil Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether legal representatives of a deceased defendant, who expired prior to the filing of the suit, can be impleaded under Order 1 Rule 10 of the CPC when Order 22 Rule 4 application was dismissed as not maintainable

Ratio Decidendi

Legal representatives of a deceased defendant who expired prior to the filing of the suit are necessary parties and can be impleaded under Order 1 Rule 10 CPC, even if an earlier application under Order 22 Rule 4 was dismissed as not maintainable, and the courts should approach such applications with the aim of doing substantial justice rather than adhering to technicalities.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the High Court is set aside.
  • Trial Court is directed to implead the legal representatives of deceased defendant no. 7 and bring them on record.