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1995 INSC 321
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1995 INSC 321
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Smart Summary

Factual and Procedural Background

The respondent-plaintiffs instituted Suit No. 418 of 1984 on 5 June 1984 in the Court of the Senior Subordinate Judge, Delhi, seeking possession of certain property from the first defendant, Brij Mohan Kapoor. After the first defendant’s death, his widow (the present petitioner and second defendant) was brought on record as his legal representative. She sought leave to file an additional written statement claiming title under a will allegedly executed by Smt. Champawati in favour of both the first defendant (for life) and herself (thereafter). By order dated 6 August 1994 the trial court refused permission, holding that a legal representative cannot, in that capacity, assert an independent or hostile title. Revision before the Delhi High Court (C.R. No. 953 of 1994) was dismissed on 11 November 1994. The petitioner then approached the Supreme Court by special leave.

Legal Issues Presented

  1. Whether a legal representative, impleaded under Order 22 Rule 4 of the Code of Civil Procedure, can file an additional written statement asserting an independent title to the suit property that is adverse to the deceased defendant’s estate.
  2. Whether the trial court and High Court erred in refusing the petitioner permission to file such an additional written statement without first impleading herself in her personal capacity.

Arguments of the Parties

Petitioner's Arguments

  • The claims of both the original plaintiff and the deceased first defendant originate from the same will of Smt. Champawati; therefore, as legal representative, the petitioner should be allowed to raise all pleas that the deceased could have raised, including title under the will.
  • Order 22 Rule 4(2) CPC permits a legal representative to put forward any defence that the deceased might have taken except those personal to the deceased.
  • Strong reliance was placed on the Supreme Court decision in Bal Kishan v. Om Parkash, (1986) 4 SCC 155, to support the position that a legal representative may advance such defences.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Bal Kishan v. Om Parkash, (1972) 2 SCC 461; (1973) 1 SCR 850 Under Order 22 Rule 4(2) CPC, a legal representative may raise all pleas available to the deceased defendant except those personal to the deceased. Quoted to affirm that while the petitioner could adopt the deceased’s defences, asserting an independent hostile title required impleadment in her personal capacity.
Jagdish Chander Chatterjee v. Sri Kishan, (1972) 2 SCC 461; (1973) 1 SCR 850 Legal representatives can advance the deceased’s defences and may set up their own independent title if they are impleaded personally, thereby avoiding a separate suit. Relied upon to conclude that the petitioner must either be impleaded in her personal capacity under Order 1 Rule 10 CPC or file a separate suit to assert independent rights.

Court's Reasoning and Analysis

The Supreme Court observed that the petitioner’s asserted right derived from the same will that gave the first defendant a life interest, which terminated upon his death. As his legal representative, the petitioner could adopt only those defences that the deceased himself could have raised. Any claim exceeding that—i.e., a distinct proprietary right in her own favour—constitutes an independent title.

Referring to the principles laid down in Bal Kishan and Jagdish Chander Chatterjee, the Court emphasised that:

  • Order 22 Rule 4(2) entitles a legal representative to raise the deceased’s defences but not to introduce a new, hostile claim.
  • If a legal representative wishes to assert such an independent claim, she must be impleaded in her personal capacity under Order 1 Rule 10 CPC or pursue a separate suit.

On this basis, the Court held that the trial court and High Court correctly refused permission for the additional written statement and that no jurisdictional error or material irregularity had been shown.

Holding and Implications

SLP DISMISSED.

The Supreme Court upheld the orders of the trial court and the High Court, leaving the petitioner free either to seek impleadment in her personal capacity under Order 1 Rule 10 CPC or to file an independent suit claiming title. The decision reinforces the principle that a legal representative cannot, solely in that capacity, assert a hostile or independent title contrary to the estate of the deceased defendant. No new precedent was created; the Court simply applied established principles under Order 22 Rule 4(2).

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    Vidyawati v. Man Mohan And Others

    Order

    1. The respondent-plaintiffs laid a suit on 5-6-1984 in the Court of Senior Subordinate Judge, Delhi for possession of the suit property against first defendant Brij Mohan Kapoor, deceased husband of the petitioner-second defendant. Shri Man Mohan s/o Jagmohan Kapoor has now been impleaded to represent the estate of Brij Mohan Kapoor. When they sought to file additional written statement claiming title to and interest in the property under a will said to have been executed by Smt Champawati, the petition was dismissed by the trial court in Suit No. 418 of 1984 by order dated 6-8-1994 holding that “it is not open to the present applicant to assert her own individual or hostile title to the suit”. It was held that if a legal representative wants to raise any individual point which the deceased party could not have raised, he must get himself impleaded in his personal capacity or he must challenge the decree in a separate suit. In that view she was not permitted to file the additional written statement. Challenging the order, revision was filed in the High Court. Learned Single Judge of the High Court in Civil Revision No. 953 of 1994 dated 11-11-1994 dismissed the revision.

    2. It is contended for the petitioner that both the plaintiff-first defendant and the petitioner's claims are founded on the will executed by Champawati, where the first defendant had right and interest for life and the petitioner had right thereafter and as such she could raise the plea which Brijmohan Kapoor could have raised in his written statement. The courts below were not right in refusing to permit the petitioner to file additional written statement. In support thereof, the petitioner placed strong reliance on the judgment of this Court in Bal Kishan v. Om Parkash (1986) 4 SCC 155, AIR 1986 SC 1952.

    3. It is seen that the petitioner's claim of right, title and interest entirely rests on the will said to have been executed by Champawati in favour of the first defendant and herself. It is now admitted across the Bar that the first defendant had life interest created under the will executed by Champawati. Therefore, the said interest is coterminous with his demise. Whether the petitioner has independent right, title and interest dehors the claim of the first defendant is a matter to be gone into at a later proceeding. It is true that when the petitioner was impleaded as a party-defendant, all rights under Order 22, Rule 4(2), and defences available to the deceased defendant became available to her. In addition, if the petitioner had any independent right, title or interest in the property then she had to get herself impleaded in the suit as a party defendant in which event she could set up her own independent right, title and interest, to resist the claim made by the plaintiff or challenge the decree that may be passed in the suit. This is the view the court below has taken rightly.

    4. This Court in Bal Kishan v. Om Parkash (1972) 2 SCC 461, (1973) 1 SCR 850 has said thus:

    “The sub-rule (2) of Rule 4 of Order 22 authorises the legal representative of a deceased defendant to file an additional written statement or statement of objections raising all pleas which the deceased-defendant had or could have raised except those which were personal to the deceased-defendant or respondent.”

    5. The same view was expressed in Jagdish Chander Chatterjee v. Sri Kishan (1972) 2 SCC 461, (1973) 1 SCR 850 wherein this Court said:

    “… legal representative of the deceased respondent was entitled to make any defence appropriate to his character as legal representative of the deceased respondent. In other words, the heirs and the legal representatives could urge all contentions which the deceased could have urged except only those which were personal to the deceased. Indeed this does not prevent the legal representatives from setting up also their own independent title, in which case there could be no objection to the court impleading them not merely as the legal representatives of the deceased but also in their personal capacity avoiding thereby a separate suit for a decision on the independent title.”

    6. This being the position in law, the view of the court below is perfectly legal. It is open to the petitioner to implead herself in her independent capacity under Order 1, Rule 10 or retain the right to file independent suit asserting her own right. We do not find any error of jurisdiction or material irregularity committed in the exercise of jurisdiction by the court below warranting our interference. The SLP is, accordingly, dismissed.

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    Vidyawati v. Man Mohan And Others
    (May 1, 1995)