B. SURESH BALIGA S/O DAMODHARA BALIGA, VAIKUNTA BALIGA S/O DAMODHARA BALIGA AND SHRINIVASA BALIGA S/O DAMODHARA BALIGA Vs. SMT. MALAKINI W/O H. MUKUNDA KINI AND OTHERS

JUDGEMENT

(1.) THE plaintiff filed a suit for declaration and consequential injunction. On his death, I.A. No. 5 was filed under Order XXII Rule 3 read with Order VI Rule 17 of CPC by the legal representatives of the deceased plaintiff, The trial Court by the impugned order rejected the application. Hence the present petition.

(2.) SRI . Krishna Moorthy, learned Counsel appearing for the petitioner contends that the impugned order is bad in law and liable to be set aside. He contends that on the death of the father they are entitled to come on record as the legal representatives and to implead five persona as defendants 3 to 7. It is contended that that sorts being the legal representatives are required to come on record and since all the legal representatives are not supporting the plaintiff, they have been arrayed as defendants.

(3.) SRI . H. Hanumantharayappa, Government Pleader appearing for 2nd respondent submits that a single application seeking to come on record as legal heirs as well as amendment is not maintainable and hence the trial Court rightly rejected the application.