Legal representative substitution under Order XXII can proceed without first proving title under a disputed will.

A person claiming to represent the estate of a deceased plaintiff may seek impleadment and setting aside of abatement under Order XXII without first conclusively proving title under a disputed will. The genuineness of the will and entitlement to represent the estate can be determined separately in the suit under Order XXII Rule 5, while the underlying cause of action may continue through the legal representatives. The Court also noted that allowing substitution avoids multiplicity of proceedings and serves substantial justice. On that basis, the daughters were held entitled to be impleaded as legal representatives and to pursue the challenge to the settlement deed.

---

---

Issues: Whether the daughters of the deceased plaintiff, claiming as legal representatives under a subsequent will, could seek setting aside of abatement and impleadment to continue the suit challenging the settlement deed.

Analysis: The dispute turned on the distinction between a legal heir and a legal representative under the Code of Civil Procedure. A person claiming to represent the estate of a deceased plaintiff may apply under Order XXII Rule 9 to set aside abatement or dismissal, and the applicant need not first conclusively prove title under the will before seeking substitution. Any dispute regarding the genuineness of the will can be determined in the suit itself under Order XXII Rule 5. The cause of action in the suit, which challenged the settlement deed said to have been executed on the strength of an ineffective will, was held to be capable of being pursued by the legal representatives of the deceased plaintiff. The Court also treated avoidance of multiplicity of proceedings and advancement of substantial justice as supporting considerations.

Conclusion: The daughters were entitled to be impleaded as legal representatives and to seek setting aside of abatement or dismissal. The challenge to the trial court's order failed.

Ratio Decidendi: A person claiming to be a legal representative of a deceased plaintiff may seek setting aside of abatement or dismissal without first proving title under the disputed will, and the question of entitlement can be tried separately in the suit.

---