Law: Civil Procedure Code (V of 1908)

Section: O. XXII

  Civil Procedure Code (V of 1908), O. XXII-Rules not applicable to person who is not a legal representative.   Civil Procedure Code (V of 1908), O. XXII, r. 10 (I)-- Application for substitution as assignee-Maintainable if filed before final order passed though suit or appeal abates due to death of party-Scheme of Order.   Mithan Lal v. Maya Devi A I R 1929 All. 444; Jitendra Nath Roy v. Harindra Nath Dutta and others 42 C W N 1183 and Rajini Kanta Roy v. Raja Jayoti Prosad 27 C W N 710 fol.   Civil Procedure Code (V of 1908), O. XXII, r. 10(1)-` Suit' includes appeal.   Lakshmi Narain v. Babu and another A I R 1946 Lah. 33 fol.   Civil Procedure Code (V of 1908), O. XXII, r. 10 (1)-- Assignment-Before granting leave to continue suit or appeal --Court has power to decide validity of assignment.   Surendra Narain Deo v. Nityendra Narain and others A I R 1926 Cal. 173 ref.   Limitation Act (IX of 1908), Arts. 171 & 176-Do not govern application made by assignee of preliminary decree for pre paration of final decree. JUDGMENT   This appeal is against the decision of Mr. G. R. Choudhury, District Judge, Khulna, rejecting an application under Order XXI1, rule 10 (1) of the Code of Civil Procedure filed by one Abdur Rahman Molla said to be an assignee of the plaintiff-appellants and dismissing the appeal on the ground of abatement of the same.   The appeal arose out of a suit filed by four persons, namely, Aswini Kumar Chattopadhya, Nirmal Kumar Chatto padhya, Sukumari Chattopadhya and minor Shyamal Kumar Chattopadhya, being represented by his natural guardian and next friend mother Sukumari Chattopadhya, they being represented by their constituted attorney one Abdur Rahman Molla, for declaration of their title to and recovery of khas possession of the disputed land with mesne profits.   The case of the plaintiffs, briefly stated, is that the suit land appertains to C. S. PlotNo. 249 of C. S. khatian No. 36 of mouza Tutpara within the Municipality of Khulna and it belongs to the plaintiff No. 1 and the predecessor of the plaintiffs Nos. 2-4. The predecessor of the plaintiffs Nos. 2-4, namely, Amiya Kumar…