Zahirul Islam vs Mohd. Usman And Ors

The Supreme Court held that under Order XXII Rule 4 of the Code of Civil Procedure, 1908, a plaintiff may be exempted from substituting the legal representatives of a deceased defendant only if the court grants permission. In this case, the High Court's dismissal of the appellant's application was set aside because no such permission was sought or granted, allowing the appellant to be brought on record in the suit. The civil appeal was thus allowed.