- (1.) The present application concerned the Defendant No. 9 in a suit for eviction pending since 1992. The plaintiff sought exemption under Order XXII Rule 4(4) of the Code of Civil Procedure, 1908 from substituting the heirs and legal representatives of the deceased Defendant No. 9. The Defendant No. 9 died on March 23, 2008.
(2.) According to the plaintiff, the present application was made immediately after it became aware of the death of the Defendant No. 9. The present application was contested by the heirs and legal representatives of the Defendant No. 9.
(3.) It was contended on behalf of the plaintiff that, the previous application of similar nature being G.A. No. 3754 of 2003 was made against the Defendant Nos. 33, 35, 36 and 44. Such application was disposed of by the order dated April 20, 2004. The Defendant No. 9 was similarly situate as that of the Defendant No. 35 and, therefore, the same exemption ought to be extended to the plaintiff as against the Defendant No. 9 also. The plaintiff also relied on the order dated January 29, 2014 passed in G.A. No. 3646 of 2013.;