ZAHIRUL ISLAM vs MOHD. USMAN .

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 who failed to contest the suit. In this case, the High Court's dismissal of the appellant's application was set aside as no permission was sought or granted for exemption from substitution. The Court allowed the appeal, permitting the appellant to be brought on record in the suit.