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 15.06.2013 passed by the trial court on I.A. No. 9. The plaintiffs had filed I.A. No. 9 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 had died on 19.12.2011. The trial court rejected the application, leading to the present writ petition. The brief facts are that the suit was filed by the plaintiffs against seven defendants. During the pendency of the suit, the 4th defendant died. The plaintiffs, instead of taking steps to ascertain and implead the legal representatives of the deceased defendant under Order 22 Rule 4 CPC, filed an application under Section 151 CPC seeking the court's direction to the surviving defendants to provide the details of the legal heirs. The trial court dismissed the application, holding that it was not maintainable. The High Court, after hearing the petitioners' counsel, observed that the application under Section 151 CPC was misconceived. The court noted that the plaintiffs could have taken appropriate steps under Order 22 Rule 4 CPC to bring the legal representatives of the deceased defendant on record, but instead they sought to shift the burden onto the defendants. The High Court held that the inherent powers under Section 151 CPC cannot be used to compel the defendants to disclose the names of the legal heirs of a deceased co-defendant. The court found no illegality or irregularity in the trial court's order and dismissed the writ petition, upholding the rejection of I.A. No. 9.
Headnote
A) Civil Procedure - Inherent Powers of Court - Section 151 Code of Civil Procedure, 1908 - Application for Disclosure of Legal Heirs - Plaintiffs sought direction to surviving defendants to furnish names and addresses of legal heirs of deceased co-defendant - Trial court rejected application - High Court upheld, holding that Section 151 CPC cannot be invoked to compel defendants to provide such information, as it is the plaintiffs' duty to ascertain and implead legal representatives under Order 22 Rule 4 CPC - Held that the application was not maintainable and the order of the trial court did not warrant interference (Paras 1-5).
Issue of Consideration
Whether the trial court was justified 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, upholding the order of the trial court dated 15.06.2013 rejecting I.A. No. 9.
Law Points
- Section 151 CPC
- inherent powers
- cannot be used to compel defendants to disclose legal heirs of deceased co-defendant
- burden on plaintiff to ascertain and implead legal representatives
- Order 22 Rule 4 CPC
- abatement of suit
