In Brief
The Court held that legal representatives of a defendant who died before a suit was filed can be impleaded under Order 1 Rule 10 CPC, even if an earlier application under Order 22 Rule 4 was dismissed. Order 22 Rule 4 applies only when death occurs during pending proceedings. Impleadment of legal representatives is permitted under Order 1 Rule 10 if they are necessary parties and the suit was filed through good faith mistake, subject to limitation law. A prior dismissal for non-maintainability does not prevent filing a fresh application under the correct provision. The Court set aside the High Court judgment and directed the trial court to implead the deceased defendant's legal representatives.
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