AIR 1964 ORISSA 211

Orissa High Court

Hon'ble Judge(s): R. L. Narasimham , C.J. AND R. K. Das , J

(A) Civil P.C. (5 of 1908) , O.1 R.10, O.22 R.4— Legal representative of a deceased defendant not impleaded in the first appellate Court's decree though a necessary party - Such legal representative impleaded in revision against order of remand by first appellate Court - Second appeal without impleading such representative incompetent. Plaintiff's suit for redemption was decreed in trial Court. On appeal by defendants the first appellate Court remanded the suit on an additional issue framed. Plaintiff filed a revision petition against the order of remand. During pendency of revision petition one of the defendants who was a necessary party died. Plaintiff applied for and substituted the legal heir of deceased defendant. Revision was however dismissed. Due to inadvertence the substituted heir was not made a party either before the first appellate Court or before trial Court trying remanded issue, with the result that the first appellate Court's decree contained the name of the deceased defendant. In plaintiff's second appeal the legal representative of the deceased defendant was not impleaded nor the deceased defendant though his demise was mentioned. Held that the introduction of a plaintiff or a defendant for one stage of suit was an introduction for all stages and in law there was substitution of legal representative of the dec....