Written statement
Sohit
(Querist) 30 November 2011
This query is : Resolved
I have filed a suit for eviction and possesion against the tenant(original defendant), but after filing the written statement the defendant died. I under Order22 Rule 4 brought the legal heirs of defendant on record, who have filed their fresh written statement and denied all the contentions of plaint which were admitted by the original defendant. So whether the court can rely upon the written statement of original defendant and is there any provision in CPC where the LR's of defendant cannot file fresh Written Statement when once it is filed by the original defendant. Please quote some Citations
Devajyoti Barman
(Expert) 30 November 2011
If the original defendant has already filed a written statement, his substituted legal heirs can not file another ws. They can though pray for amendment ws but not a new one.
Challenge the order allowing them to file fresh ws.
prabhakar singh
(Expert) 30 November 2011
Despite many thing happened ,i am bound to write "yes!i agree".
Substituted LRs are bound by right title interest already pleaded by their predecessor in title behind which and against that they can not go,they can manage proceedings onward and not backward,there right is to simply adopt and verify the pleading filed by their predecessor,no more than that.
However you are looking for citation also which is given below:
Niranjan Singh And Ors. vs Rattan Chand And Ors. on 13 August, 1999
Equivalent citations: (2000) 124 PLR 255
Author: S Sudhalkar
Bench: S Sudhalkar
ORDER
S.S. Sudhalkar, J.
1. Heard, the legal representatives were brought on record in the rent petition and the counsel for the LRs made a request to file written statement on behalf of the LRs. The Original respondent had already filed the written statement. The learned Rent Controller declined to accept the request of counsel for the L.R.s to permit him to file a fresh written statement on behalf of the L.R.s. It is stated by learned counsel for the petitioners that no written application was given in this regard.
2. The law on this point is already covered in the case of Major Rajbir Singh and Anr. v. Surinder Kaur and Ors., 1994 P.L.J. 464. It has been held therein as under :-
"They acquire no better right or title than the one the deceased had. They are bound by the pleadings of the deceased and steps taken by him in the progress of the suit prior to his death. No right accrues to the plaintiffs defendants or their legal representatives to amend the pleadings simply on the substitution of the legal representatives except to continue the suit from that stage. They or any one of them will get a right to amend the pleadings only after seeking specific permission of the Court under Order 6 Rule 17of the Code or any law providing for the same. Giving effect to the order of substitution of legal representatives is only a ministerial/administrative act which has to be carried out by the Court Officers or by the Presiding Officer himself or in any such like manner. Such an order gives no right to the plaintiffs, an order directing the plaintiffs, defendants or the legal representatives to file amended pleadings."
3. In view of the above settle law, this revision petition is without merit and deserves to be dismissed.
4. In the result, this revision petition is dismissed.
Rajeev Kumar
(Expert) 30 November 2011
Yes i agree with experts particularly Prabhakar sir
venkatesh Rao
(Expert) 30 November 2011
Yes, I do agree. Substitution of LRs means some authorised persons to continue the suit from the stage where it was stopped. Thus they step into the shoes of the original party and cannot take any contention other than already taken by the original party.
dev kapoor
(Expert) 01 December 2011
Mr.Sohit,
You getting great help here.I also agree with the views,opinion & advice given by the experts here.In fact the fundamental law is "LRs step into the shoes of their father etc & they cannot plead any case adverse to what the original defendant had".So you provide the judgment referred to by Sh.Prabhakarji and ask your advocate to file an application along with a copy of the judgment praying to reject the WS filed by the LRs in your case.
Sohit
(Querist) 01 December 2011
I am very thankful to Prabhakar Sir and all of you. Sir is there any citation on the same point of Mumbai High court or Supreme Court.
Shailesh Kr. Shah
(Expert) 04 December 2011
Dear Mr.Sohit
I try the same. But not find. go with already provided judgement.
