Civil Revision No. 1413 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1413 of 2009 Date of decision: 17.03.2009. Ashok Kumar Goyal and others ....Petitioners Versus Dr. Pawan Kumar and another ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr.P.K.Gupta, Advocate, for the petitioners ***** S.D.ANAND, J. The petitioners presently before this court were impleaded at the trial as legal representatives of deceased defendant-Ram Pal Goyal. They filed a plea under Order 20 Rule 4 (2) C.P.C. for being allowed to file their pleadings. The plea in the context was that though their predecessor- in-interest had indeed filed pleadings during his life time, there were certain pleas which were available to them only and for inclusion of which in the pleadings the leave of the Court was applied for. The learned Trial Court declined the plea by observing that the petitioners “have not brought to the notice of Court additional plea they want to raise.” The learned counsel for the petitioners states that the plea to be raised would be indicated in the written statement only and it was not fair for the Court to negative the plea just because the nature of additional pleas had not been indicated in the application. There is plethora of law on the point that the legal Civil Revision No. 1413 of 2009 -2- **** representatives are not entitled to take up a plea which would be contrary to the plea already taken up by their predecessor-in-interest. At the same time, there might well be an eventuality where a plea (though not necessarily contrary to the plea taken up by their predecessor-in-interest) is strictly personal to the legal representatives which was not available to the predecessor-in-interest. In that eventuality, the Court might well allow the raising thereof. However, the application for the purpose must necessarily give an idea about the nature of the plea to be raised by the legal representatives of the deceased party. The petition is disposed of with a direction to the learned Trial Court that if a fresh plea detailing the natures of the pleas exclusively available to the legal representatives comes to be filed, it shall be disposed of afresh in accordance with law. The petitioners, through their learned counsel, are directed to appear before the learned Trial Court on 18.3.2009. A copy of the order shall be FAXED to the learned Trial Court. Copy of the order be given to the learned counsel for the petitioners under the signatures of the Court Secretary. March 17, 2009 (S.D.Anand) Pka Judge