Code of Civil Procedure, 1908–Order 22, Rule 4(2)–Transfer of Property Act, 1882–Sec. 106–After the death of the original tenant, petitioner was brought on record as the legal representative of deceased–He filed the application under Order 22, Rule 4(2) seeking to file his written statement–Dismissal of application–Appreciation of–Original defendant had filed the written statement–Issues were framed and statements of witnesses were also recorded –Restriction is imposed upon the LRs. by Order 22, Rule 4(2) for taking up a defence upto a limited character and same does not permit them to take a defence inconsistent or independent with the original tenant–Held, application was rightly dismissed.
