PANKAJBHAI RAMESHBHAI ZALAVADIYA vs JETHABHAI KALABHAI ZALAVADIYA (DECEASED) THROUGH LRS

The Supreme Court held that the dismissal of an application under Order 22 Rule 4 of the Code of Civil Procedure does not bar a subsequent application under Order 1 Rule 10, as they address different legal issues. The Court clarified that a suit against a deceased person is a nullity, and thus, the legal representatives cannot be joined under Order 22 Rule 4. The Court upheld the High Court's decision affirming the trial Court's dismissal of the application for impleading the legal representatives, emphasizing the distinct nature of the two procedural rules.