The Code of Civil Procedure, 1908  - Order XXIII Rule (3)

Appellant to be added and substituted as the legal representative of the plaintiff, claiming that he was the sole legatee under the registered will executed by the plaintiff - Trial Court - Rejected the application - High Court - Confirmed the said order - Appeal - Whether an order of the trial court rejecting an application filed under Order 22 Rule 3 of the Code, by a person claiming to be the legatee under the will of the plaintiff and consequently dismissing the suit in the absence of any legal heir, is an appealable decree - Whether the High Court was justified in upholding the decision of the trial court that the will was not proved and rejecting the application under Order 22 Rule 3 of the Code - No - An application under Order 22 Rule 3 is by a non-party requesting the court to make him a party as the legal representative of the deceased plaintiff - When such an application by a non-party is dismissed, there is no adjudication determining the rights of parties to the suit with regard to all or any of the matters in controversy in the suit - An order dismissing an application under Order 22 Rule 3 and consequently dismissing the suit, is not a decree - Finding of the High Court on the merits of the matter set aside - Order of the trial Court was not a decree & not applicable, upheld, but reserve liberty to the appellant to challenge the order in revision - Appeal partly allowed.

Topic(s)-

Important Decision(s)- CPC O22 R3 - Sole legatee under the registered will - Rejected the application - Not applicable - Challenge the order in revision.