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TMI Blog1974 (3) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... . The said company petition was before this court when Shri R. N. Maira, the first petitioner, died and the second petitioner therein, Shri Jitender Nath Maira, decided that he would not prosecute the petition any further. On 17th September, 1973, no one appeared on behalf of the petitioners. Mr. G. R. Chopra, counsel for the respondent, stated that the first petitioner had died and the petition was incomplete and, therefore, should be consigned to the record room. I ordered accordingly. Later on, on the same date Mr. Satish Chandra stated that the petition could go on even in the absence of the legal representatives of the first petitioner and I indicated that he might apply under section 151 of the Code of Civil Procedure and I also made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules that even if the petitioners withdraw, a party can be substituted as a petitioner in an ordinary winding-up petition. There is, however, no rule governing the case of a petitioner dying. In fact, neither the applicant nor the counsel for the respondents has been able to bring any case to my notice in which a petition under section 397 or 398 has abated nor have they been able to bring any case to my notice in which a winding-up petition has abated. I am, therefore, of the view that there is no reported case in the law reports of any case under section 397 or 398 of the Companies Act having abated nor has any winding-up petition abated. Such a petition might fail on account of there being none to prosecute it. But, if a party appears b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... son of the legal representatives of the defendant not submitting to the jurisdiction. In the second of these cases, it was held by this court that a proceeding under the Rent Control Act, brought by a landlord against his tenant did not become not maintainable by reason of the death of the tenant, on account of the fact that his heirs did not succeed to the tenancy as the deceased tenant was a statutory tenant. These cases have no bearing at all on the question which I have to decide. It is not the competency of the court which is in question before me but the competency of the legal representatives to continue the proceedings. I have to decide whether there is any rule of law by which the legal representatives of a deceased petitioner can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able to the applicants as his legal heirs. The applicants are the widow and children of the deceased. In the absence of any other heirs or a will, they are the heirs who would succeed to all his estate including his right of action in respect of C.P. No. 42 of 1973. I would, therefore, hold that, as legal heirs, they are competent to succeed to the estate of Shri R. N. Maria (deceased) and to prosecute any claim that he might have in law against any one else. This is subject, of course, to the objections raised before me by counsel for the respondent, which I will deal with presently. Having reached the conclusion that the legal heirs of the late Shri R. N. Maira do succeed also to his right of action in respect of this pending petition u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Indian Succession Act, there is section 214 which prohibits the passing of a decree in favour of a heir to a deceased person against a debtor of that person unless he bas first obtained a succession certificate. He also refers to section 370 wherein there are certain observations about the way in which a succession certificate can be obtained and there is restriction to getting a succession certificate if letters of administration or probate can be obtained under section 212 or section 213. The legal position seems to be that a succession certificate can be obtained not only for a debt but also for securities. This is so stated in section 370. Mr. Chopra urges that the restriction contained in section 214 also applies to claims in respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the legal representatives can be impleaded. My conclusion amounts to this that the applicants can be impleaded as legal representatives even though Order 22 does not apply because they are entitled to succeed to the estate of the deceased. Another objection raised by Mr. Chopra is to the effect that the petition is no longer pending and has been consigned to the record room. I have already made it clear, in my orders previously passed, that the petition is not disposed of and that the case was only consigned to the record room as there was no petitioner before the court. Once somebody is impleaded, or some one wants to prosecute the petition, there is no impediment to the petition being heard further. In these circumstances, I see no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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