2020 (1) TMI 1755

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....ent was dismissed by the trial court. The said order is under challenge in this Original Petition. 2. Heard Sri. K.S. Hariharaputhran, the learned counsel for the petitioners. 3. The suit is for declaration of title, recovery of possession, mandatory injunction and allied reliefs. The suit was originally filed against two defendants, the first defendant being the father of the second defenda....

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....per impugned order dismissed the application, rightly. 5. Sub-rules (1) and (2) of order XXII Rule 4 reads thus:- "4. Procedure in case of death of one of several defendants or of sole defendant.-- (1) Where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant dies a....

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....atives are not entitled to have a plea contrary to and withdrawing the contention taken by the predecessor. Therefore, the prayer for deletion of the plea regarding the right claimed over the property in question as was taken by the predecessor viz., the original first defendant, was rightly turned down by the court below. 7. A legal representative is not entitled to put forward his independent....