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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
THE HON'BLE MR.JUSTICE G.ILANGOVAN
Anitha R.Sivanandam Nadar - Appellant
Versus
C.Kamaraj Nadar (Died) – Respondent
C.R.P(MD)Nos.331 to 333 of 2024, 719 to 731 of 2024 And CMP(MD)Nos.1532, 1533, 1535, 1536, 1539, 1541, 3850, 3852, 3853, 3854 of 2024
Decided on : 27-03-2024
CIVIL REVISION PETITION - CIVIL PROCEDURE CODE, ARTICLE 227, ORDER 1 RULE 10 - Section 115 CPC, Article 227 of the Constitution of India, Order 1 Rule 10(2) CPC - The court analyzed the applicability of the doctrine of actio personalis moritur cum persona, determining that the cause of action did not solely belong to the deceased but was a common cause for the Sangam members. The court emphasized that K.Usha, as a member, had the right to continue the suit, and the trial court's order allowing her to be added as a plaintiff was upheld as valid and within jurisdiction.
Fact of the Case:
The suit OS No.205 of 2022 was initiated by Kamaraj Nadar, who sought to declare the election held on 04/05/2022 as illegal. After his death, his wife K.Usha and other members sought to be added as plaintiffs. The trial court allowed these applications, leading to the current civil revision petitions by the first defendant challenging this order.
Finding of the Court:
The court found that the cause of action was not personal to Kamaraj Nadar but was a common cause for the Sangam members. It ruled that K.Usha, as a member, had the right to continue the suit, and the trial court's decision to allow her and others to be added as plaintiffs was justified.
Issues: Whether the cause of action survived the death of Kamaraj Nadar and if K.Usha could continue the suit as a plaintiff.
Ratio Decidendi: The court held that the right to sue did not die with Kamaraj Nadar as the suit was for a common cause affecting all members of the Sangam. The court emphasized that the provisions of Order 1 Rule 10(2) CPC allowed for the addition of parties to ensure that the dispute could be resolved without multiplicity of proceedings.
Final Decision: The civil revision petitions were dismissed, affirming the trial court's order allowing K.Usha and others to be added as plaintiffs.
ORDER :
G.ILANGOVAN, J.
PRAYER:-Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, to set aside the fair and decreetal order, dated 07/12/2023 in IA No. 33 of 2023 in OS No.205 of 2022 on the file of the Principal Sub Court, Tirunelveli and pass further or other orders.
PRAYER:-Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, to set aside the fair and decreetal order, dated 07/12/2023 in IA No. 35 of 2023 in IA No.2 of 2022 in OS No.205 of 2022 on the file of the Principal Sub Court, Tirunelveli and pass further or other orders.
PRAYER:-Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order, dated 07/12/2023 in IA No. 37 of 2023 in IA No.3 of 2022 in OS No.205 of 2022 on the file of the Principal Sub Court, Tirunelveli and pass further or other orders.
PRAYER:-Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order, dated 07/12/2023 in IA No. 37 of 2023 in IA No.3 of 2022 in OS No.205 of 2022 on the file of the Principal Sub Court, Tirunelveli and pass further or other orders.
PRAYER:-Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order, dated 07/12/2023 in IA No. 41 of 2023 in IA No.11of 2022 in OS No.205 of 2022 on the file of the Principal Sub Court, Tirunelveli and pass further or other orders.
PRAYER:-Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order, dated 07/12/2023 in IA No. 45 of 2023 in IA No.19 of 2022 in OS No.205 of 2022 on the file of the Principal Sub Court, Tirunelveli and pass further or other orders.
PRAYER:-Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order, dated 07/12/2023 in IA No. 48 of 2023 in OS No.205 of 2022 on the file of the Principal Sub Court, Tirunelveli and pass further or other orders.
PRAYER:-Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order, dated 07/12/2023 in IA No. 46 of 2023 in IA No.20 of 2023 in OS No.205 of 2022 on the file of the Principal Sub Court, Tirunelveli and pass further or other orders.
PRAYER:-Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order, dated 07/12/2023 in IA No. 32 of 2023 in OS No.205 of 2022 on the file of the Principal Sub Court, Tirunelveli and pass such further or other orders.
PRAYER:-Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, to set aside the fair and decreetal order, dated 07/12/2023 in IA No. 34 of 2023 in IA No.2 of 2022 in OS No.205 of 2022 on the file of the Principal Sub Court, Tirunelveli and pass further or other orders.
PRAYER:-Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, to set aside the fair and decreetal order, dated 07/12/2023 in IA No. 36 of 2023 in IA No.3 of 2022 in OS No.205 of 2022 on the file of the Principal Sub Court, Tirunelveli and pass further or other orders.
PRAYER:-Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, to set aside the fair and decreetal order, dated 07/12/2023 in IA No. 38 of 2023 in IA No.4 of 2023 in OS No.205 of 2022 on the file of the Principal Sub Court, Tirunelveli and pass further or other orders.
PRAYER:-Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order, dated 07/12/2023 in IA No. 42 of 2023 in IA No.18 of 2022 in OS No.205 of 2022 on the file of the Principal Sub Court, Tirunelveli and pass further or other orders.
PRAYER:-Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set as
The right to continue a suit can survive the death of a party if the cause of action is common to multiple parties, and the addition of new parties under Order 1 Rule 10(2) CPC is permissible to avoi....
Judicial orders must maintain consistency; once signed by a judge, an order cannot be rescinded without legitimate reasons, ensuring lawful procedural conduct in civil matters.
The Court established that the supervisory jurisdiction under Article 227 cannot be exercised when an alternative remedy is available, particularly in succession matters.
The main legal point established in the judgment is the application of the Limitation Act, specifically Article 58, to determine the limitation period for filing a suit for declaration of right, titl....
The trial court possesses the authority under the procedural code to frame or amend issues at any stage before the final decree to ensure all matters in controversy are adjudicated. The supervisory j....
A person who is not a party and who has not been served with such notice (notice of the judgment or order) cannot appeal without leave, but a person who might properly have been a party may obtain le....
The court affirmed that a political party's internal dispute resolution must adhere to established party rules, and a suit becomes infructuous if the faction it represents ceases to exist.
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