Order.-The petitioner who was the plaintiff in O.S. No. 720 of 1975 on the file of the learned First Additional Subordinate Judge of Coimbatore instituted the suit against five defendants, and the fourth defendant was dead even on the date when the suit was instituted. Subsequently, the petitioner filed I.A. No. 736 of 1976 under Order 22, rule 4 and section 151 of the Code of Civil Procedure to implead the legal representatives of the said fourth defendant. On that application being opposed, the trial Court dismissed the same. It is against the dismissal of the said application, the present civil revision petition has been filed. 2. The suit was filed on 3rd November 1975, while the fourth defendant had died even on 19th August, 1975. Consequently, the suit was filed against a dead person as far as the fourth defendant was concerned. A suit against a dead person is admittedly a nullity. Therefore, as far as the fourth defendant was concerned, it was as in no suit whatever had been filed. If so, Order 22, rule 4, C.P. Code, cannot be invoked for the purpose of impleading the legal representatives of the fourth defendant as parties to the suit. 3. The learned counsel for the petitioner, relying on the decision of this Court in K. Ismail v. Pavu Ammal 1 contends that these persons could be impleaded under Order 1, rule 10 of the C.P. Code. But that was not the claim of the petitioner herein. It is one thing to file an application to implead certain person as parties to a suit in the place of a deceased party under Order 22, rule 4, C.P. Code, and it is entirely another thing to file an application under Order I,rule 10 to implead a new party, because the rights of the parties will not be the same. When a legal representative is brought on record under Order 22, rule 4, C.P. Code, his status and rights will be the same as that of the person who died in whose place he has come on record, while the rights and obligations of a person impleaded as a party under Order 1, rule 10, C.P. Code, will not be so circumscribed, but will be different and independent. Therefore, I am unable to accept the contention of the learned counsel for the petitioner that the proposed parties could be impleaded under Order 1, rule 10, C.P. Code, and the suit itself must be deemed to have been instituted against them. Hence the civil revision petition fails and the same is dismissed.