The order of the Trial Court dated 19 3 1979 came to be passed in the following circumstances On 8 2 1974 the appellant herein was appointed as next friend of her parents under Order 32 Rule 15 of the CPC and in April, 1974, the appellant, who is the daughter, filed a suit on behalf of her father and mother as their next friend, inter alia praying that Power of Attorney dated 6 9 1972 purporting to have been executed by her father be declared null and void.
After the filing of the suit the appellants father on whose behalf a suit had been filed died on 14 7 974 but numberapplication was filed for bringing on record the legal heirs of the father since the mother wife of the deceased father was also the legal heir, already on the record.
This appeal by special leave is against the judgment of the Panaji Bench, Goa of the Bombay High Court dated 11 1 1983 whereby the learned Single Judge of the High Court upheld the order dated 19 3 1979 passed by the Trial Court.
The plaintiffs also challenged in the said suit one sale deed dated 20 9 1972 and two gift deeds dated 18 10 1972 and 2 11 1972 purporting to have been executed in pursuance of the aforesaid Power of Atorney.
It appears that the mother on whose behalf the suit had also been filed and companytinued died on 18 1 1978 and the appellant who is the daughter filed an application on 11 4 1978 under Order I Rule 10 1 read with Order XXII of CPC for bringing on record the appellant herself as legal heir of the mother.
The High Court agreed with the Trial Court and dismissed the revision petition filed by the appellant by the impugned order dated 11 1 1983.
This application was filed on 11 4 1978 but the Trial Court by its order dated 19 3 1979 dismissed the application in the view that once one of the plaintiffs died all his successors ought to be made parties to proceed with the suit and the applicant is number entitled to proceed with the suit alone in her own name.
Leave granted.
Appeal heard.
But the application for being brought on record by the appellant companyld number have been rejected.
