G.Rani (Died) vs M.Thiagarajan on 7 September, 2023
21.He would further state that the Division Bench of this court in M/s.Asian
Paints (India) Ltd. Vs. M/s.Macneil and Magor Ltd. And Ors. (2008) 3 LW 707 has
held that if there is no pleading, the plaint must be rejected. I have gone through the
said judgment. The Court has held that when party is impleaded, necessary
averments should be made against the newly impleaded parties. In this case, the
newly impleaded party/the 4th defendant steps into the shoes of the deceased 1st
defendant. The 4th defendant merely represents the estate of the deceased and is not
impleaded in her personal capacity. A legal representative cannot get a better defense
in a suit than the person on whose behalf the legal representative has been brought
on record. The other judgments which have been cited by the learned Counsel for the
Petitioner also do not refer to Section 306 of the Indian Succession Act. I am
persuaded to follow the judgment by Mr.Justice Jagannadha Rao and Mr.Justice
K.Kannan and would hold that in a suit for injunction the cause of action against the
deceased 1st defendant, survives since the right that is claimed in the suit is heritable
and also since the decree is executable against not only the original judgment debtor
https://www.mhc.tn.gov.in/judis
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C.R.P.No.1075 of 2020
but also the legal representatives as per Section 50 r.w. Section 146 and Order 21
Rule 32 of the CPC, 1908.