Legal representative capacity restricts amendments that contradict a deceased defendant's pleaded claim or introduce an independent title.

Legal representatives impleaded solely in that capacity may raise only defences appropriate to their representative status under Order XXII Rule 4(2) of the Code of Civil Procedure, 1908. Their defence must remain consistent with the deceased defendant's pleaded rights and cannot withdraw or contradict the predecessor's admissions or claims. They cannot amend a joint written statement to delete the deceased defendant's kudikidappu claim and assert a separate title. An independent title may be pleaded only if they are impleaded in their individual capacity.

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Issues: Whether legal representatives impleaded solely in that capacity may amend a joint written statement to withdraw the deceased defendant's pleaded claim and assert an independent title.

Analysis: A person brought on record as the legal representative of a deceased defendant may raise only a defence appropriate to that representative capacity under Order XXII Rule 4(2) of the Code of Civil Procedure, 1908. Such a defence must accord with the predecessor's pleaded rights and cannot contradict or withdraw the predecessor's admission or claim. Independent rights can be asserted only where the person is impleaded in an individual capacity. Since the additional defendants were impleaded only as legal representatives, the proposed amendment deleting the predecessor's kudikidappu claim and setting up their separate title was impermissible.

Conclusion: Legal representatives impleaded in that capacity cannot amend the written statement to set up an independent title contrary to the deceased defendant's pleaded case.

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