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1993 Supreme(Mad) 430

THONIKKACHALAM
Loganatha Mandiri – Appellant
Versus
Seshachala Naidu (deceased) and others – Respondent


Advocates:
A.Seshan, for Petitioner.

Judgment :

This revision is directed against an order passed in I.A.No.534 of 1982 in O.S.No.79 of 1982. The plaintiff is the petitioner herein. The plaintiff filed a suit in O.S.No.79 of 1982 to recover the amount of Rs.2,100 due under a promissory note dated 11. 1979. The suit was filed on 11. 1982. According to the plaintiff, the defendant died on 30.1.1982. Therefore, he filed I.ANo.534 of 1982 under O.22, Rule 4 of the Civil Procedure Code to substitute the proposed parties 1 to 3 as legal representatives of the deceased first defendant and rank them as defendants 2 to 4. Chittoor Municipality issued a death certificate stating that the defendant died on 20.9.1981. The trial court pointed out that on the date of filing of the suit Seshachala Naidu was no more. Therefore, no suit can be filed against a dead person. The trial court pointed out that a suit filed against a dead person is a nullity. Reliance was placed upon a decision reported in C.Muttu v. Bharath Match Works, A.I.R 1964 Mysore 293, wherein the decision of the Supreme Court in Hiralal v. Kalinath, AIR 1962 S.C. 199: (1961)2S.C.J. 592: (1961)2M.L.J. (S.C.) 157: (1961)2 An. W.R (S.C.). 157: (1962)2 S.C.R 747 was reit








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