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2011 Supreme(Ker) 416

K.T.SANKARAN
Rasheeda, Kandissertharayil Peringala muri, Vallikunnam Village – Appellant
Versus
Nazeer, S/O. Abdul Razak Kunju – Respondent


Advocates Appeared:
For the Petitioners:George Varghese (Perumpallikuttiyil), Advocate.
For the Respondent:C. Rajendran, Advocate.

JUDGMENT

1. Abdul Razak Kunju, the father of the petitioner herein, filed O.S.No.561 of 1997 on the file of the Court of the Munsiff of Kayamkulam, for a declaration that the documents executed by him do not bind on him and the properties and that they are null and void and also to set aside and cancel the documents. Abdul Razak Kunju was represented by his next friend and daughter Rasheeda, the petitioner herein. The defendants in the suit are the son, daughter and wife of Abdul Razak Kunju. Abdul Razak Kunju died during the pendency of the suit. I.A.No.1075 of 1998 was filed by the petitioner to implead four other persons as the legal representatives of the deceased plaintiff. The petitioner also filed I.A.No.1076 of 1998 to implead her as the second plaintiff. The court below dismissed I.A.No.1076 of 1998 by the order dated 28.2.2001 and on that date itself, dismissed the suit as abated. This Revision is filed by the petitioner challenging the judgment in the suit. The order in I.A.No.1076 of 1998 is not challenged in the Revision. The judgment passed by the court below reads as follows:

"Plaintiff is no more. Petition I.A.1076/98 dismissed. Suit abates. No costs."

2. The record
















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