Code of Civil Procedure, 1908–Order 8, Rule 1 & Order 22, Rule 4(2) r/w. Sec. 151–After bringing on record, petitioners filed the application and sought to take their written statement on record–Rejection of application–Earlier, they sought their implead- ment in suit in their own capacity but the application was dismissed and writ petition filed thereagainst was also dismissed as infructuous–There cannot be two views about the proposition that they can only be allowed to contest the suit in legal capacity of LR’s. of M and nothing more that–They canot go beyond the defence available to deceased–Held, application was rightly dismissed.
