https://www.taxtmi.com/caselaws?id=277627 Order 22 Rule 4 applies only where a defendant dies during the pendency of the suit, so it could not be invoked for a person who had died before institution. A prior dismissal of an application under that rule for non-maintainability, without any decision on merits, did not create res judicata against a later request under Order 1 Rule 10. The Court reaffirmed that Order 1 Rule 10 allows necessary parties to be added where their presence is required for an effective and complete adjudication of the real dispute; in a suit challenging a sale deed, the purchaser or the purchaser's legal representatives are necessary parties. The legal representatives were therefore validly impleaded, subject to limitation. en-us Tue, 03 Oct 2017 00:00:00 +0530 Fri, 14 Dec 2018 06:40:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277627 Order 22 Rule 4 applies only where a defendant dies during the pendency of the suit, so it could not be invoked for a person who had died before institution. A prior dismissal of an application under that rule for non-maintainability, without any decision on merits, did not create res judicata against a later request under Order 1 Rule 10. The Court reaffirmed that Order 1 Rule 10 allows necessary parties to be added where their presence is required for an effective and complete adjudication of the real dispute; in a suit challenging a sale deed, the purchaser or the purchaser's legal representatives are necessary parties. The legal representatives were therefore validly impleaded, subject to limitation. Case-Laws Indian Laws Tue, 03 Oct 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=277627