HINDUSTHAN GENERAL INSURANCE SOCIETY LTD. Vs. KEDARNARAYAN
HIGH COURT OF MADHYA PRADESH
HINDUSTHAN GENERAL INSURANCE SOCIETY LTD.
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Samvatsar, J. -
(1.) ONE Kedarnarayan son of Jainarayan filed a suit against the present Appellants for recovering a sum of Rs. 10,000 as damages, in the Court of the Civil Judge 1st class at Indore. The Defendant resisted the claim but notwithstanding the opposition the trial Court passed a decree in Plaintiff's favour for a sum of Rs. 7,500 and costs. Aggrieved by this decree the Appellants have preferred this appeal.
(2.) THE decree under appeal was passed by the learned Civil Judge on 3 -8 -1953 and the present appeal was filed by the Appellant on 20 -11 -1953. It transpired during the proceedings for effecting service of the summons on the Respondent Kedarnarayan that he was dead. On 20 -4 -1954 the Appellants applied to this Court for substitution of the names of the legal representatives Narmadprasad and Tarachand in place of the deceased Respondent. This prayer was opposed by the proposed legal representatives contending that on the date the appeal was filed Kedarnarayan was dead and the appeal being thus a nullity the names of the legal representatives could not be brought on record in this appeal. It is admitted on behalf of both the parties that Kedarnarayan had died on 7 -7 -1953 and that, therefore, the appeal when it was filed in this Court was against a dead Respondent.
(3.) ORDER 22 Rule 4, Code of Civil Procedure under which apparently the application to bring the names of the legal representatives on record has been made by the Appellant has no application to this case. The Respondent against whom the appeal was preferred had died before it was filed. Order 22 applies only to cases of creation, transfer and devolution of interest during the pendency of suit or appeal. There can be no substitution of the legal representatives, under this Order if the party Concerned had died before the suit or appeal was instituted.;
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