2019 (1) ABR 408 ::AIROnline 2018 Bom 1235 ::(2019) 4 CivilCourtC 724 ::(2019) 3 AllMR 293 (BOM) ::(2019) 4 Mah LJ 361

Bombay High Court

Hon'ble Judge(s): Manish Pitale , J

Civil P.C. (5 of 1908) , O.1 R.10(2), O.22 R.4(2)— Addition of party - Suit for specific performance of agreement of sale - Defendant taking defence that suit property was ancestral property - Death of defendant pending suit and his legal representatives brought on record under O. 22, R. 4(2) - Legal representatives by filing pursis adopting written statement filed by original defendant - Subsequently seeking their impleadment under O. 1, R. 10 (2) as party defendants in their individual capacities - Under O. 22, R. 4 (2) they were entitled to take defence appropriate to their character as legal representatives of defendant - Original written statement showing that legal representatives had right in property as property was ancestral property - Merely because earlier they had adopted written statement of defendant, they cannot be prohibited from seeking their addition as party defendant in their own right and filing written statement stating their own defence. (Para 9 13 14)