GANESH CHANDRA MAITY Vs. BIMALA BALA MONDAL

JUDGEMENT

(1.) The plaintiff in Title Suit No.4485 of 2008 expired. The opposite party Nos. 1 to 5 herein, claiming to be legal representatives of the deceased plaintiff, filed an application under Order 22 Rule 3 of the Code of Civil Procedure before the Trial Court.

(2.) The application was opposed by the defendant No. 1/petitioner. According to him, the applicants (opposite parties 1 to 5) were not the legal representatives of the deceased plaintiff. Accordingly, he prayed for determination of the status of the applicants under Order 22 Rule 5 of the Code.

(3.) The learned Trial Court, after hearing the parties, observed that the defendants including the petitioner herein, in course of trial, would get opportunity to lead evidence and also to cross-examine the applicants for the purpose of establishing that they are not the legal representatives of the deceased plaintiff and, accordingly, declined to prolong the trial by embarking on a determination under Rule 5 at that stage. This order is under challenge in the present application under Article 227 of the Constitution of India.