B. Dixit, J. - (1.) - This writ petition is directed against the order dated 6.9.1996 passed by VIth Additional District Judge, Moradabab dismissing the revision of petitioner against the order dated 5.8.1995 passed in original suit No. 271 of 1988.
(2.) Saeedul Jafar Khan, opposite party No. 2, filed suit for prohibitory and mandatory injunction against Mewa Ram and Ram Sarup. A written statement was filed by Mewa Ram admitting the case of plaintiff. Mewa Ram died during the pendency of suit and his legal representative, petitioner Khayali Ram was brought on record. Khayali Ram moved an application for amendment of written statement by which he wanted to set up a plea to the effect that signatures of Mewa Ram were obtained on blank papers when he was ill and enable to understand the things. Petitioner wanted to amend written statement for the reason that he wanted to raise pleas for contesting the suit. The trial Court rejected the application of petitioner for the reason that he as legal representative of Mewa Ram stepped into the shoes of deceased Mewa Ram and she cannot set up new plea which was not taken up by Mewa Ram. Aggrieved by the order of trial Court the petitioner filed a revision. The Revisional Court agreed with the view taken by the trial Court. While dismissing the revision the Revisional Court further held that "if revisionist wants to set up his own independent title regarding the property in dispute learned Lower Court may on his application allow him to be impleaded in his personal capacity." It is not necessary for me to adjudicate upon whether said plea could be set up by petitioner in this case, but so far decision of two Courts in respect of disallowing the plea which petitioner wanted to set up in his capacity as legal representative of Mewa Ram are concerned it has rightly been disallowed by the two Courts below after holding that a legal representative cannot take up new pleas. I agree to the view taken by two Courts below. The petitioner as legal representative of Mewa Ram could pursue only those pleas which could be raised by Mewa Ram. There is no manifest error in order of the two Courts below and they rightly rejected the application of petitioner for amending written statement which was originally filed by Mewa Ram.
(3.) The writ petition fails and is dismissed. Petition dismissed. Previous Hitlist Next;