Code of Civil Procedure, 1908–Order 22, Rule 4(4)–Rajasthan Tenancy Act, 1955–Secs. 88 & 188–During the pendency of suit, defendant no. 12 who had not contested the suit, died–Trial Court dismissed the whole suit as abated–Whether, legal ?–Held, no–There are more than one defendants, the entire suit cannot be held to be abated on the death of one of the defendants–Further, the defendant no. 12 remained ex-parte and did not file her written statement–Therefore, substitution of her LRs. could be legatimately dispensed with by the Trial Court in view of the provisions contained in Order 22, Rule 4(4)–Held, Trial Court committed error in treating the entire suit abated–Impugned order set aside and matter remanded back.
