Civil Procedure Code, 1908—Order 22, Rule 3—The applicant in an application under Order 22 Rule 3 is not a party to the suit—An application under Order 22 Rule 3 is by a non party requesting the court to make him a party as the legal representative of the deceased plaintiff—Necessarily unless the applicant in the application under Order 22 Rule 3 allowed and the applicant is permitted to come on record as the legal representative of the deceased, he will continue to be a non-party to the suit—When such an application by a non-party is dismissed after a determination of the question whether he is a legal representative of the deceased plaintiff, there is no adjudication determining the rights of parties to the suit with regard to all or any of the matters in controversy in the suit.
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