Banwari Lal (D) By Lrs. Vs. Balbir Singh
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Head Note
The Code of Civil Procedure, 1908 - Section 100 , Order I Rule (10) , Order XXII Rule (3) , Rule (9)
Impleadment of LRs - No steps were taken to bring on record the legal representatives of late 'B' either in the first appeal or in the second appeal - Appellants have filed application under Order I Rule 10 CPC read with Section 151 CPC to implead LR's - Held that Civil Procedure Code Order XXII stipulates the manner in which the legal representatives of plaintiffs or defendants ought to be brought on record -Prescribed procedure cannot be circumvented by filing application under Order I Rule 10 CPC read with Section 151 CPC - However it would be unjust to non-suit the appellants on the ground of technicalities as the provisions of Order XXII CPC are not penal in nature - It is a rule of procedure and substantial rights of the parties cannot be defeated by pedantic approach by observing strict adherence to the procedural aspects of law - Dismissal of the second appeal by the High Court does not constitute a sound and reasonable exercise of its powers and the impugned order cannot be sustained - Appeal allowed and directions issued.
Topic(s)-Civil Procedure - Impleadment of LRs - Directions issued