1989 (4) TMI 327 - SC - Indian Laws

Summary

Issues:
1. Abatement of suit due to death of defendant.
2. Legal representation of deceased defendant.
3. Interpretation of "legal representative" under Civil Procedure Code.
4. Application for substitution of legal representatives.
5. Validity of bringing heirs on record at a subsequent stage.

Analysis:

1. Abatement of Suit due to Death of Defendant:
The appellant Bank filed a suit for recovery against the defendant, who had passed away. The trial Judge set aside the abatement and allowed substitution of legal representatives. However, the Judicial Commissioner declared the suit abated as not all heirs were brought on record within time.

2. Legal Representation of Deceased Defendant:
The Judicial Commissioner based the abatement decision on the widow not being the legal representative under Portugees Law. However, the Supreme Court clarified that the widow, having acquired "Meeira rights," represented the estate of the deceased defendant. The Court emphasized the wide scope of "legal representative" under the Civil Procedure Code.

3. Interpretation of "Legal Representative" under Civil Procedure Code:
The Supreme Court highlighted that the definition of "legal representative" is inclusive and not limited to legal heirs. It encompasses individuals representing the estate of the deceased, including those with no title but in possession of the estate. The Court emphasized that bona fide possession by some heirs allows representation of the entire estate.

4. Application for Substitution of Legal Representatives:
The appellant Bank made timely applications for substitution of legal representatives, initially bringing the widow on record. Subsequently, the sons and daughters were added. The trial Judge accepted the applications, considering the diligent inquiry by the Custodian and the bona fide nature of the proceedings.

5. Validity of Bringing Heirs on Record at a Subsequent Stage:
The Supreme Court cited precedents where bringing some heirs on record represented the entire estate. As the widow was a legal representative with a share in the property and was timely brought on record, the Court held that adding other legal representatives later did not affect the validity of the proceedings.

In conclusion, the Supreme Court allowed the appeal, setting aside the Judicial Commissioner's decision and restoring the trial Judge's order. The Court directed expeditious resolution of the suit and awarded costs to the appellant Bank.