Civil Revision Petition is directed against the order and decretal order in E.A.No.25 of 2013 in E.P.No.1 of 2013 in O.S.No.317 of 1996, on the file of the learned District Munsif Court, Udumalpettai, dismissing an application filed by the petitioner, under Section 47 CPC.

2. The moot question in this Civil Revision Petition is whether, a suit instituted against a dead person, is valid in law and whether the decree obtained against him, can be executed.

3. Facts leading to the Civil Revision Petition are as follows:

The respondent has filed a suit in O.S. No. 317 of 1996 on the file of the District Munsif Court, Udumalpet, against five defendants. Defendants 2, 3, and 5 viz., Sankaralingam, Mariammal and Muthuvel already dead, have been arrayed as parties to the suit. According to the respondent/ plaintiff, he is the owner of the landed properties, to an extent of 47 cents in Survey No.155 Udumalpet Town, morefully described in the Schedule to the plaint, by virtue of a registered sale deed, dated 02.07.1983, executed in his favour by one Balasubramaniam, According to the plaintiff, he was put in possession by the said Balasubramaniam, about six months, prior to 02.07.1983, by wa