The State Of Punjab vs Nathu Ram on 1 May, 1961
11. As rightly pointed by the Honourable Supreme Court
in State of Punjab Vs. Nathu Ram reported in AIR 1962
SCC 89 where the decree is a joint decree the dismissal of the
suit against one would automatically amount to the dismissal
of the suit against the others. The defendants 2 to 8 are not
the legal representatives of the deceased first defendant as
http://www.judis.nic.in
they are only his siblings who are Class II legal
12
representatives. The deceased first defendant's son,
Mr.Radhakrishanan who is the Class I heir is very much
available and the plaintiff has not taken any steps to bring him
on record. The learned V Assistant City Civil Judge, Chennai
on a total non application of mind, rejected the Memo and
directed the defendants herein to participate in the arguments.