HON’BLE SRI JUSTICE V. ESWARAIAH CIVIL REVISION PETITION No.5766 of 2009 ORDER: This Civil Revision Petition is directed against the order dated 09.10.2009 in I.A.No.1234 of 2009 in O.S.No.115 of 2008 on the file of the Senior Civil Judge, Mangalagiri. The petitioner herein is the plaintiff. He filed the suit for specific performance. The petitioner states that, as the second defendant died and his counsel failed to furnish the particulars of his legal heirs, he seeks exemption from bringing the legal representatives of the deceased second respondent on record. Order XXII Rule 4(4) of the Code of Civil Procedure empowers the Court to exempt the plaintiff from the necessity of substituting the legal representatives of any such defendant who has failed to file a written statement or who, having filed it, has failed to appear and contest the suit at the hearing; and judgment may be pronounced against the said defendant notwithstanding the death of such defendant and shall have the same force and effect as if it has been pronounced before death. No such circumstances exist in the instant case. Therefore, filing of the I.A. itself frivolous. The Civil Revision Petition fails and is, accordingly, dismissed with costs. V. ESWARAIAH,J Date:24.06.2011 usd