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Limitation Act, 1877, section 17, 21, 22 --- Civil Procedure Code; Order 1 Rule 10. Order 22 Rule 4 and Sections 151 & 153 ---- Whether the legal representatives of deceased can be impleaded under Order 1 Rule 10 of the Code where such defendant expired prior to the filing of the suit particularly when the application filed by the plaintiff to bring the legal representatives of the deceased on record under Order 22 Rule 4 of the Code was dismissed earlier as not maintainable ---- Held: merely because the earlier application filed by the appellant under Order 22 Rule 4 of the Code was dismissed on 09.09.2009 as not maintainable, it will not prohibit the plaintiff from filing another application, which is maintainable in law (Para 8) ---- Bo adjudication of the application to bring legal representatives on record on merits by virtue of the order dated 09.09.2009----- The order passed by the trial Court on the application filed under Order 22 Rule 4 of the Code, dated 09.09.2009, will not act as res-judicata----- Appeal allowed---- Trial Court is directed to implead the legal representatives of deceased.
Civil Procedure Code; Order 1 Rule 10, Order 22 Rule 4 and Sections 151 &153 ----- Merely because of the non mentioning of the correct provision as Order 1 Rule 10 of the Code at the initial stage by the advocate for the plaintiff, the parties should not be made to suffer----- Courts are meant to do justice and not to decide the applications based on technicalities (Para14)
