IMPORTANT POINT
The death certificate is sufficient for legal representative applications under Order XXII Rule 3 CPC; no family member certificate is required.

ORDER :

(K. Suresh Reddy, J.)

Questioning the order dated 30.11.2023 passed by the Additional Senior Civil Judge, Kurnool in I.A.No.446 of 2023 in OS No.256 of 2018 allowing the L.R. application filed under Order XXII Rule 3 of CPC, present civil revision petition is filed by the Legal representatives of the 5th defendant.

2. Heard Sri Challa Siva Sankar, learned counsel for the petitioners and Sri Vivekananda Virupaksha, learned counsel for the respondent Nos.2 and 3.

3. Brief facts of the case are that, the plaintiff, who is the mother of Respondent Nos.2 and 3 herein, filed a suit against the father of the petitioners herein and five others, for declaration of title and for consequential relief of permanent injunction restraining defendant Nos.1 to 4 from deleting the entries in ROR, pattedar pass books and title deeds with regard to the plaint schedule property. During the pendency of the suit, the sole plaintiff died on 07.05.2023. Thereafter, respondent Nos.2 and 3 herein filed I.A.No.446 of 2023 under Order XXII Rule 3 CPC seeking to implead them as legal representatives of the deceased sole plaintiff. After hearing both sides, the said petition was allowed and respondent Nos.2 and 3 herein were brought on record as plaintiff Nos.2 and 3 as legal representatives of the 1st plaintiff. Aggrieved by the same, present civil revision petition is filed.

4. Sri Challa Siva Sankar, learned counsel for the petitioners strenuously contends that respondent Nos.2 and 3 have even not filed the death certificate along with the application under Order XXII Rule 3 CPC and they also did not file the family member certificate of the deceased plaintiff and the trial Court mechanically allowed the petition without considering the contentions raised by the petitioners and hence, he prays this Court to set aside the order impugned in the present civil revision petition.

5. On the other hand, learned counsel appearing for Respondent Nos.2 and 3 filed counter-affidavit. Along with the said counter affidavit, he filed the death certificate evidencing the date of death of the first plaintiff as 07.05.2023. So far as the family member certificate is concerned, the same need not be filed along with the L.R. application and the only requirement is the death certificate. In support of his contention, he placed reliance on the judgment of this Court in 'G.Srikantha vs. P.V.Prasad Rao (2018(6) ALD 431)' and as such he prays to dismiss the revision as it is devoid of merits.

6. This Court perused the entire material on record. Respondent Nos.2 and 3 filed death certificate of the deceased first plaintiff along with the counter-affidavit. As seen from the record, respondent Nos.2 and 3 are none other than the son and daughter of the deceased 1st plaintiff. The only requirement for filing of the L.R. application is the death certificate, which is filed before this Court. So far as the family member certificate is concerned, admittedly, the same is not required for filing of the L.R. application. If at all, if there are any other legal representatives to the deceased, obviously, the plaintiffs will be in trouble and it is their headache. As seen from the record, there is no illegality or irregularity in the order passed by the trial Court.

7. Accordingly, the civil revision petition is dismissed, as it is devoid of any merits. If there are any other legal representatives to the deceased plaintiff, the petitioners are at liberty to take objection before the trial Court during the course of trial. There shall be no order as to costs.

Miscellaneous petitions if any, pending in this civil revision petition shall stand closed.