Code of Civil Procedure, 1908–Order 1, Rule 10–Appellant sought to delete his name from the array of defendants–Rejection of the application–Appreciation of–He was impleaded alongwith the other LR’s. of the deceased in the execution proceedings as the original defendant passed away–He had the opportunity of contesting his impleadment when the application for impleadment and amendment of plaint was moved by the plaintiff–He chose to remain silent for more than four years and did not raise any objecton as regards his status of not being a legal heir of the original defendant–High Court rightly hold that his application was barred by res judicata–The appropriate remedy for the appellant lays in raising an objection under sub-rule (2) of the Rule 4 of Order 22 at the time of impleadment and not under Order 1, Rule 10, four years after the impleadment came to be allowed–It is immaterial to examine that the Mohammedan law does not accord the son of a predeceased son, the status of a legal heir of the grandfather–He failed to establish his tenancy or possession over the suit property–Held, application was rightly rejected.
