JUDGMENT :- This is a first appeal from an order passed by the learned District Judge of Meerut. It appears that a civil appeal was pending before the learned District Judge, Rupa, one of the respondents in the said appeal, died during the pendency of the appeal. The appellant did not make an application to bring Rupas legal representative on the record within the time allowed by law. After the expiry of the said period he made an application praying that Rupas son, Yadu, might be brought on the record under O. 41, R. 20 C.P.C. At the same time he contended before the learned District Judge that the appeal had not abated as a result of his failure to bring Rupas legal representative on the record. 2. The learned District Judge remarked in his order under appeal that the counsel for the appellant should make up his mind as to whether he would make an application under O. 22, R. 9, C.P.C., to bring the legal representative of Rupa on the record or he would contend that it was unnecessary to implead Rupas legal representative. He also added that "the question of impleading Rupas legal representatives under O. 41 R. 20 C.P.C., does not arise". 3. Learned counsel for the appellant contends that the learned Judge has not yet disposed of his application containing a prayer to implead Rupas legal representative under O. 41, R. 20. I am unable to agree with this contention. It is true that the language used by the learned Judge is not explicit but after reading his order as a whole there is no doubt left in ones mind that he meant to reject the petition for impleading Rupas legal representative under O. 41, R. 20, C.P.C. I, therefore, take it that the learned Judge has rejected the petition presented before him. 4. I have next to see whether that decision is incorrect. In this connection it may be pointed out that the right of impleading any person as a party to the suit has been conferred by R. 20 of O. 41 on the Judge alone. If the Judge feels that a certain party should be impleaded, he may take action under the rule. This rule does not give a right to a party to claim that a certain person should be impleaded. If the Judge feels that a certain party should be impleaded, he may take action under the rule. This rule does not give a right to a party to claim that a certain person should be impleaded. If the Judge does not consider it necessary to implead any person as a party, there is an end of the matter. Ordinarily this power should not be exercised at the instance, or in favour of a party who has deliberately or negligently failed to make an application for substitution of names under O. 22, R. 4 read with R. 11. 5. In the present case, an automatic abatement has taken place and the real object of the appellant was to circumvent the provisions of O. 22 R. 4(3) read with R. 11. The learned Judge was, therefore, perfectly right in not acceding to the appellants request. 6. In the circumstances, I find no force in this appeal. It is dismissed under O. 41, R. 11 C.P.C. Appeal dismissed.