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1978 Supreme(Mad) 494

SATHIADEV
C. Ramamurthi – Appellant
Versus
Karuppusami and others – Respondent


Advocates:
N. Srinivasan, for Petitioner.
K. Kumaraswami, for Respondent.

ORDER:- These two civil revision petitions are filed against the orders passed in LA. No. 784 of 1975 filed for correcting the provision of law, and LA. No. 265 of 1975 filed to bring on record the legal representatives of the fist defendant in the suit. The Court below had dismissed the petitions on the ground that the suit was filed on 14th November, 1974, on the basis of promissory note executed by the first defendant, whereas he died on 5th October, 1974. itself, and therefore a suit filed against a dead person is ‘non est’ and there can be no question of legal representatives being brought on record, Even if they are to be brought on record as legal representatives, the date of the suit will be the date on which they were brought on record and it will not date back to the date on which the suit was originally filed, i.e., 14th November, 1974.

2. The counsel for the petitioner contends that so far as the I.A. No. 784 of 1975 is concerned, it was filed for correcting the cause title as “Petition under sections 151 and 153, Civil Procedure Code” instead of as petition under Order 22, rule 4, Civil Procedure Code, as originally filed. It is claimed that the petition was in fact fi






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