Case Note & Summary
The petitioners, who are the plaintiffs in O.S. No. 137/2006 pending before the Principal Civil Judge (Sr. Dn.), Udupi, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 15.6.2013 passed by the trial court on I.A. No. 9. The application was filed under Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking a direction to the surviving defendants to furnish the names and addresses of the legal heirs of the 4th defendant, who died on 19.12.2011. The trial court rejected the application. The High Court, after hearing the petitioners' counsel, observed that Order 22 Rule 5 CPC deals with the determination of legal representatives but does not cast any duty on the defendants to disclose the names of legal heirs of a co-defendant. The court noted that the burden lies on the plaintiffs to ascertain and bring the legal representatives on record. The High Court found that the trial court's order was not perverse or suffering from any jurisdictional error, and therefore, no interference was warranted under writ jurisdiction. The writ petition was dismissed.
Headnote
A) Civil Procedure - Order 22 Rule 5 CPC - Legal Representatives - Duty to Disclose - The plaintiffs sought a direction to the surviving defendants to furnish names and addresses of legal heirs of the deceased 4th defendant. The trial court rejected the application. The High Court held that Order 22 Rule 5 CPC does not impose any obligation on the defendants to provide such information; the burden is on the plaintiffs to ascertain and bring the legal representatives on record. The court found no jurisdictional error or perversity in the trial court's order. (Paras 1-5)
B) Civil Procedure - Section 151 CPC - Inherent Powers - Discretion - The trial court exercised its discretion under Section 151 CPC to reject the application. The High Court held that the exercise of discretion was not perverse or arbitrary, and therefore, no interference was warranted under Articles 226 and 227 of the Constitution of India. (Paras 4-5)
Issue of Consideration
Whether the trial court erred in rejecting the plaintiffs' application under Section 151 CPC seeking a direction to the surviving defendants to furnish the names and addresses of the legal heirs of the deceased 4th defendant.
Final Decision
The High Court dismissed the writ petition, holding that the trial court's order rejecting the application under Section 151 CPC was not perverse or suffering from any jurisdictional error. The court observed that Order 22 Rule 5 CPC does not impose a duty on the defendants to disclose the names of legal heirs of a co-defendant, and the burden lies on the plaintiffs to bring the legal representatives on record.
Law Points
- Order 22 Rule 5 CPC
- Section 151 CPC
- burden of proof on plaintiff to bring legal representatives on record
- no duty on defendants to disclose legal heirs of co-defendants
- writ jurisdiction under Articles 226 and 227 of Constitution of India limited to jurisdictional error or perversity
Case Details
2019 LawText (KAR) (02) 26
Writ Petition No. 6912/2014 (GM-CPC)
Smt Veena Rao and Sri Manoranjan Shetty
Sri Peter Vincent Barnes and others
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the trial court rejecting an application under Section 151 CPC seeking disclosure of legal heirs of a deceased defendant.
Remedy Sought
The petitioners (plaintiffs in the suit) sought quashing of the trial court's order dated 15.6.2013 on I.A. No. 9 and a direction to the respondents (defendants) to furnish names and addresses of legal heirs of the deceased 4th defendant.
Filing Reason
The trial court rejected the plaintiffs' application under Section 151 CPC seeking a direction to the surviving defendants to disclose the names and addresses of the legal heirs of the 4th defendant who died on 19.12.2011.
Previous Decisions
The trial court passed the impugned order on 15.6.2013 in O.S. No. 137/2006 rejecting I.A. No. 9.
Issues
Whether the trial court erred in rejecting the plaintiffs' application under Section 151 CPC seeking a direction to the surviving defendants to furnish the names and addresses of the legal heirs of the deceased 4th defendant.
Submissions/Arguments
The petitioners argued that the trial court ought to have allowed the application as the defendants were aware of the legal heirs of the deceased 4th defendant.
Ratio Decidendi
Order 22 Rule 5 CPC does not require defendants to furnish names of legal heirs of co-defendants; the burden is on the plaintiff to ascertain and bring legal representatives on record. The trial court's discretion under Section 151 CPC in rejecting such an application is not interfered with under writ jurisdiction unless perverse or jurisdictional error is shown.
Judgment Excerpts
The plaintiffs in OS.No.137/2006 on the file of Principal Civil Judge (Sr.Dn), Udupi, have come up in this writ petition impugning the order dated 15.6.2013 in rejecting their application in IA.9 under Section 151 of CPC seeking direction to the surviving defendants to furnish the names and address of the legal heirs of 4th defendant, who died on 19.12.2011.
Order 22 Rule 5 of CPC does not cast any duty on the defendants to disclose the names of legal heirs of a co-defendant. The burden is on the plaintiffs to ascertain and bring the legal representatives on record.
Procedural History
The plaintiffs filed O.S. No. 137/2006 before the Principal Civil Judge (Sr. Dn.), Udupi. During the pendency of the suit, the 4th defendant died on 19.12.2011. The plaintiffs filed I.A. No. 9 under Section 151 CPC seeking a direction to the surviving defendants to furnish the names and addresses of the legal heirs of the deceased 4th defendant. The trial court rejected the application on 15.6.2013. The plaintiffs then filed the present writ petition under Articles 226 and 227 of the Constitution of India challenging that order.
Acts & Sections
- Code of Civil Procedure, 1908: Section 151, Order 22 Rule 5
- Constitution of India: Articles 226, 227
