Substituted legal representative may raise a proper defence without first seeking leave for subsequent pleadings.

A legal representative substituted under Order 22 Rule 4(2) of the Code of Civil Procedure may raise any defence appropriate to his character as such, and that entitlement is not controlled by the leave requirement for subsequent pleadings under Order 8 Rule 9. The two provisions operate in different fields: Order 8 Rule 9 governs additional pleadings, while Order 22 Rule 4(2) is a self-contained provision for substituted defendants. The written statement was therefore maintainable, and the objection to its filing was rejected; leave was also treated as available on the facts.

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Issues: Whether a legal representative substituted under Order 22 Rule 4 of the Code of Civil Procedure, 1908 can file a defence appropriate to his character without first seeking leave under Order 8 Rule 9 of the Code of Civil Procedure, 1908.

Analysis: Order 8 Rule 9 governs subsequent pleadings and contemplates leave of court before an additional written statement is filed, whereas Order 22 Rule 4(2) is a self-contained provision enabling a legal representative brought on record to raise any defence appropriate to his character as such. The two provisions operate in different fields. A legal representative is entitled to take a defence that is appropriate to his status, and the court has no discretion to prevent him from doing so merely because leave under Order 8 Rule 9 was not sought. Even on the assumption that leave were required, the long presence of the written statement on record and the nature of the defence furnished sufficient basis to grant leave.

Conclusion: The legal representative's written statement was maintainable and leave was granted; the objection to its filing was rejected.

Final Conclusion: The substituted defendants were permitted to rely on their written statement, and the defence set up by them was accepted for consideration in the suit.

Ratio Decidendi: Order 22 Rule 4(2) permits a substituted legal representative to raise any defence appropriate to his character as legal representative, and this entitlement is not controlled by the leave requirement for subsequent pleadings under Order 8 Rule 9.

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