M.M.DUTT, J. - (1.) This application under S. 115 of the Code of Civil Procedure filed at the instance of the defendants, the Executive Director of Usha Sewing Machine Works Ltd., and the Jay Engineering Works Ltd., is directed against Order No. 66 dated Nov.12,1984 of the 3rd Court of the Assistant District Judge, Alipore passed in the Suit No.52 of 1981. By the said order, the learned Assistant District Judge allowed the application for substitution of the heirs of the deceased plaintiff No.2 Birendra Chandra Roy.
(2.) The said suit was instituted by the said Birendra Chandra Roy, since deceased, and the plaintiff No.1 Sha Sha Bindu Roy, who were employees of Jay Engineering Works Ltd., inter alia, praying for a declaration that the notices of their superannuation before their attaining the age of 60 years were illegal, inoperative and void; for a permanent injunction restraining the defendants from in any way interfering with plaintiffs' services under the defendant company; for a mandatory injunction directing the defendants to withdraw and/or rescind the notices of retirement and for damages on the basis of total emoluments on and from the first day of Jan. 1981, till the attainment by the plaintiffs of the age of 60 years.
(3.) The said Birendra Chandra Roy, the plaintiff No. 2, died intestate on July 10, 1984. The opposite parties Nos.1 and 2, the heirs of the deceased plaintiff No.2, made an application for their substitution in the suit in place of the deceased plaintiff No.2. The said application was opposed by the defendants petitioners on the ground that the suit in so far as it was one for declaration and injunctions was a personal action and, accordingly, the right to sue for the said reliefs did not survive to the heirs of the deceased plaintiff No.2. It was submitted that the application for substitution should be dismissed on that ground.;