Judgement ORDER :- The petitioner who was the plaintiff in O. S. No. 720 of 1975, on the file of the learned First Additional Subordinate Judge, 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 O. XXII R. 4 and S. 151, C. P. C. 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 3-11-1975 while the fourth defendant had died even on 19-8-1975. 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 if no suit whatever had been filed. If so, O. XXII, R. 4, C. P. C 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 Amma AIR 1955 Mad 644 , contends that these persons could be impleaded under O. 1, R. 10, C. P. C. But that was not the claim of the petitioner herein. It is one thing to file an application to implead certain persons as parties to a suit in the place of a deceased party under O. XXII, R. 4. C. P. C. and it is entirely another thing to file an application under O. I. R. 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 O. XXII, R. 4, C. P. C., 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 O. 1, R. 10 C. P. C. will not be so circumscribed, but will be different and independent. Therefore, I am unable to accept the contention of the leaned counsel for the petitioner that the proposed parties could be impleaded under O. 1, R. 10 C. P. C. and the suit itself must be deemed to have been instituted against them. Hence the civil revision petition fails and the same is dismissed.