Ws by l.r
basavaraj shiromani
(Querist) 02 September 2013
This query is : Resolved
In a partition suit, def No: 2 was filed his WS along with verifying affidavit of his own.The Advocate for defendant No: 1 and 2 filed the adoption memo to treat the WS filed by the defendant No: 2 as the WS of defendant No: 1. Subsequently defendant No: 1 died. His wife brought as his LR on record. She wants to file her own WS. The defendant No: 2 say that, the defendant No: 1 already adopted the WS filed by him therefore his wife cannot file WS. the L.R wife totally denies that her husband did not signed on any paper and he was not filed any WS in this suit pending.
my question is whether the LR of deceased defendant No: 1, his wife can she file her WS in the pending suit ?
are there any rulings in this regard.
R.K Nanda
(Expert) 06 September 2013
yes, she can file her Ws in changed circumstances of case with permission of court.
basavaraj shiromani
(Querist) 07 September 2013
Thank you RK Nanda Sir,
are there any rulings with connecdtion filing of ws by LR. If so please provide. As per Order 22 rule 4 (2) is there any chance to file her ws as a defense.
venkatesh Rao
(Expert) 23 September 2013
I humbly disagree with Sri. R.K. Nanda. The scope of L.R's is limited to the stand taken by the original party. They have to substantiate the satnd originally taken.
basavaraj shiromani
(Querist) 24 September 2013
Thank you Venkaresh Rao,
What is the need of Order22 Rule 4(2) of CPC ?
