Niamta Ram and Co. and Others vs Rajpura Co-operative Construction Society Ltd. and Others

J.V. Gupta, C.J.—This petition is directed against the order of the appellate authority dated 11.10.1988 whereby the application filed by Bhagwan Devi, petitioner, for bringing her on record as legal representative of deceased Niamta Ram was dismissed.

Rajpura Co-operative Construction Society Ltd. Rajpura filed an ejectment application against the partnership firm of M/s Niamta Ram and Company Niamta Ram was also impleaded as being partner of the firm. The eviction order was passed by the Rent Controller, Patiala. The appeal was filed against the eviction order before the appellate authority During the pendency of the appeal Niamta Ram died on 20.12.1985 Application dated 28.1.1987 was filed by his widow Smt. Bhagwan Devi for bringing her on record as representative. That application was contested by the landlord inter alia on the ground that she was not entitled to be brought on record as the firm stood dissolved. The learned Appellate Authority referred to Order 30, Rule 4 CPC and came to the conclusion that since he application was against the firm and if any of the partner dies his legal representatives be not impleaded as parties.

The learned counsel for the petitioner submitted that Order 30, Rule 4 of the Code itself provided that nothing in Sub-rule 1 shall limit or otherwise effect any right which the legal representative of the deceased may have to enforce any claim against the survivor of survivors Thus, argued the learned counsel that Smt. Bhagwan Devi was entitled to be brought on record as legal representative. All other objections of the landlord could be decided after she was brought on the record.

After hearing the learned counsel for the parties. I do not find merit in this petition, In view of Sub-rule 2 of Rule 4 of Order 30 Smt. Bhagwan Devi was entitled to be brought on the record as legal representative of the deceased husband Niamta Ram. Once she is brought on the record all other objections which are being raised now by the landlord will be available to him.

Consequently, this petition succeeds. The impugned order is set aside and Smt. Bhagwan Devi is allowed to be brought on record as legal representative of her deceased husband. The appeal be now disposed of afresh in accordance with law. The parties have been directed to appear before the appellate authority on 24.8.1990.