- (1.) THIS petition is directed against the order of the appellate authority dated 11. 10. 1988 whereby the application filed by Bhagwan Devi, petitioner, for bringing her on record as legal representative of deceased Niamta Ram was dismissed.
(2.) RAJPURA Co-operative Construction Society Ltd. Rajpura filed an ejectment application against the partnership firm of M/s Niamta Ram and Company Niamta Ram was also impleaded as being partner of the firm. The eviction order was passed by the Rent Controller, Patiala. The appeal was filed against the eviction order before the appellate authority During the pendency of the appeal Niamta Ram died on 20. 12. 1985 Application dated 28. 1. 1987 was filed by his widow Smt. Bhagwan Devi for bringing her on record as representative. That application was contested by the landlord inter alia on the ground that she was not entitled to be brought on record as the firm stood dissolved. The learned Appellate Authority referred to Order 30, Rule 4 Code of Civil Procedure and came to the conclusion that since he application was against the firm and if any of the partner dies his legal representatives be not impleaded as parties.
(3.) THE learned counsel for the petitioner submitted that Order 30, Rule 4 of the Code itself provided that nothing in Sub-rule 1 shall limit or otherwise effect any right which the legal representative of the deceased may have to enforce any claim against the survivor of survivors Thus, argued the learned counsel that Smt. Bhagwan Devi was entitled to be brought on record as legal representative. All other objections of the landlord could be decided after she was brought on the record.;