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 way of an oral agreement. Till 20.06.1987, the decree holder/respondent was in possession and all the defendants, including the dead persons, without any right whatsoever trespassed into the suit properties and dispossessed the respondent/plaintiff inspite of demands and attempts, the defendants refused to deriver possession to the respondent/plaintiff. To the abovesaid circumstances, he has filed the suit to the following reliefs,

"(a) directing the defendants to put the plaintiff in possession of the parties.

(b) directing the defendants to pay a sum of Rs.15,000/- for past damages for use and occupation.

(c) directing the defendants to remove the superstructures before delivery of possession of the properties, by passing a decree for mandatory injunction.

(d) determine the future damages and directing the defendants to pay the same from the date of suit till date of delivery of possession to the plaintiff.

4. The schedule mentioned property in the abovesaid suit, is as follows:

''Within the Tiruppur Registration District, Udumalpet Registration Sub-District, Udumalpet Village in G.S.No.155, the punja land to an extent of 3.23 Acres, for which the tax is Rs.4.49 and bounded on the South by the land, being purchased by Sundararaj on this day; on the North by the lands in G.S. No.136, 156; on the west by the Tiruppur Road, running from South to North; and on the East by the land purchased by Kamalam Kandaswamy and K.V.Shanmugam on this day and comprised within the aforesaid boundaries, the punja land, measuring Acre 0.47 Cents on the Southern side, running from East to West for which the tax is Rs,0.65/-. Thus the land to the said extent and said tax and the titled house, measuring 20 15 constructed in the said land for the agricultural purposes of the aforesaid agricultural purposes of the aforesaid agricultural land with entrance facing the east. The door number to the said house is 25C.

In it, about 30 Cents of the land, which is under the possession of the defendants.

5. The suit in O.S.No.317 of 1996, has been decreed on 31st March 2008, by which, a direction has been given to all the defendants therein, including the dead persons, defendants 2,3, and 5, to quit and deliver vacant possession to the respondent/plaintiff, within two months from the date of the decree. Against which, the 1st defendant has filed an appeal in A.S.No.12 of 2010, the file of the learned Subordinate Judge, Udumalpet and that the learned Judge has confirmed the judgment made in the suit. S.A.No.330 of 2011 filed by the 1st defendant has also been dismissed by this Court, vide judgment and decree, dated 01.04.2011. The decree passed by this Court, in the above Second Appeal, runs as follows:

"3. That after removal of the super structure to The plaintiff and to that effect, the first