Civil Revision No. 4453 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4453 of 2008 Date of decision: 30.01.2009 Bishamber Lal and another ...Petitioners Versus R.P.Gandhi and others ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Ashish Aggarwal, Advocate for the petitioner Mr. Parminder Aggarwal,Advocate for respondents. ***** S.D.ANAND, J. The petitioners, who were brought on record as legal representatives of deceased Hans Raj, applied for the leave of the Court to file additional written statement. The plea was negatived by the learned Trial Court. The point in controversy is squarely covered by Sumtibai and others Vs. Paras Finance Co. Mankanwar w/o Parasmal Chordia (D) & ors 2007 (4) Civil Court Cases 593 (SC). In that case, the Apex Court held that the legal representative are entitled to file additional written statement to take up the pleas available to them. That view was indicated by the Apex Court while interpreting the provisions of Order 23 Rule 4 (2) of the C.P.C. Reliance presently placed by learned counsel for the respondent upon Smt.Dayali and others Vs. Kumari Lata and others Civil Revision No. 4453 of 2008 -2- **** 2003(1) R.C.R. (Civil) 184 is misconceived. That was a suit for eviction on plea of subletting and personal necessity, It was in the light of nature of litigation that a Single Bench of Rajasthan High Court held that the legal representatives bought on record during the trial cannot assert individual right or hostile title and cannot take up a plea contrary to the one taken up by the deceased. In view, thus, of the law laid down by the Apex Court in Sumtibai's case (supra), the petition shall stand allowed. The impugned order shall stand quashed, The defendants-petitioners are held entitled to file additional written statement at the trial. January 30, 2009 (S.D.Anand) Pka Judge