Code of Civil Procedure, 1908–Sec. 151–Order 9, Rule 7 & Order 22, Rule 4 (2)–Application for filing written statement–Dismissed–Appreciation of–Earlier, ex-parte order was passed on 7.1.98 and application for setting aside the same was filed by K on 17.3.2012–He died during the pendency of application–Petitioners were taken on record as LRs.–They cannot be permitted to either take a plea contrary to what has already been taken by deceased and to set up thier individual right to contest the suit–They cannot claim the better right than the deceased–Held, application was rightly dismissed.
