Code of Civil Procedure, 1908–Order 1, Rule 10–Application under–Allowed–Justification–Suit for recovery of possession was filed against P&B–B was the employee of P and he was not having any interest in property–After his death, his name was deleted from the array of defendants as none of LRs. was working him in the disputed premises–Application filed by his LRs. under 1, Rule 10 was wrongly allowed as he was not a necessary party of suit–Further, he neither appeared before the trial Court nor filed the written statement–Furthermore, if his LRs. were having any grievance, they were required to take the remedy against deletion of his name–They cannot plead ignorance of the pendency of suit–Impugned order deserves to be quashed and set aside.
