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Supreme Court Of India

(From : Rajasthan)

Hon'ble Judge(s): A. K. Mathur, Markandeya Katju , JJ

Civil P.C. (5 of 1908) , O.22 R.4(2), O.1 R.10— Filing of additional written statement by legal representatives - Suit for specific performance of contract - Death of defendant - His legal representatives prima facie found to be co-owners of property in dispute - They have semblance of title and are not mere busybodies or interlopers - Entitled to file defence by way of additional written statement - They cannot be disallowed to file additional W. S. merely because of rejection of some applications earlier. S. B. Civil Revn. Petition No. 835 of 1997, D/- 7-1-2000 (Raj), Reversed. In the instant case the appellant filed suit for specific performance against 'K'. During the pendency of suit "K" died and his wife, sons etc. applied to be brought on record as legal representative. After they were impleaded they filed an application u/O. 22, R. 4(2) read with O. 1, R. 10, CPC praying inter alia, that they should be permitted to file additional written statement and also be allowed to take such pleas which are available to them. In the registered sale deed regarding the shop in dispute the sale shown in favour of 'K' and his sons. Hence, the registered sale deed itself shows that the purchaser was not 'K' but also his sons as co-owners. Hence, prima facie, the sons of 'K' are also co-owners of property in dispute. It cannot be said that they have no....