Case Note & Summary
The petitioners, original defendants in Special Civil Suit No. 41 of 2010, challenged the trial court's order dated 01.12.2014 allowing an application under Order XXII Rule 3 CPC to bring the legal representatives of the deceased plaintiff on record. The original plaintiff Avinash Dinkarrao Bohate had filed the suit for specific performance of contract in 2011 and died on 26.02.2014. The application at Exh.80 was filed on 10.04.2014 seeking to bring respondent Nos. 1A to 1F as legal representatives. The petitioners had no objection to impleading respondent Nos. 1A to 1D (widow and children of the deceased) but objected to respondent Nos. 1E and 1F (real brothers of the deceased) on the ground that they do not fall within the definition of 'legal representative' under Section 2(11) CPC. The trial court allowed the application in its entirety. The High Court examined the definition of 'legal representative' under Section 2(11) CPC, which includes a person who intermeddles with the estate of the deceased or on whom the estate devolves. The court noted that the definition is inclusive and not exhaustive. The respondents' counsel pointed out that the application at Exh.80 stated that the brothers are in possession of the suit property and have an interest in the estate. The court held that the trial court did not commit any error in allowing the application, as the brothers could be considered legal representatives if they intermeddle with the estate or if the estate devolves upon them. The petition was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Legal Representative - Definition under Section 2(11) CPC - The term 'legal representative' includes not only heirs but also persons who intermeddle with the estate of the deceased or on whom the estate devolves - The definition is inclusive and not exhaustive - Real brothers of the deceased plaintiff, though not Class I heirs under Hindu Succession Act, can be joined as legal representatives if they are in possession of the estate or have an interest in the property - Held that the trial court did not err in allowing the application to bring brothers on record (Paras 3-5).
Issue of Consideration
Whether the real brothers of a deceased plaintiff can be brought on record as legal representatives under Order XXII Rule 3 CPC when they are not Class I heirs under Hindu Succession Act?
Final Decision
The High Court dismissed the writ petition, upholding the trial court's order dated 01.12.2014 allowing the application Exh.80 to bring respondent Nos. 1A to 1F as legal representatives of the deceased plaintiff. No order as to costs.
Law Points
- Legal representative includes persons who intermeddle with estate or on whom estate devolves
- Definition under Section 2(11) CPC is inclusive and not exhaustive
- Brothers can be joined as legal representatives if they are in possession of estate or have interest in property
