2013 AIR CC 2289 (RAJ) ::2013 WLC(Raj)(UC) 260

Rajasthan High Court

Hon'ble Judge(s): Amitava Roy , C.J. AND V. K. Mathur , J

Civil P.C. (5 of 1908) , O.22 R.4— Abatement of suit - Non-substitution of heirs of deceased original defendant within time prescribed - Legal heir of deceased present as second defendant in suit at all relevant time - Claim by said legal heir that he having been taken in adoption during lifetime of deceased, he had no right to continue with suit on behalf of deceased - Absence of any conclusive evidence to establish that legal heir had been validly adopted, as required in law - In presence of legal heir of deceased in suit, suit would not abate. (Para 7 8)