A. L. Deivanathan vs R. Rajavarman (Died)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 1815

R. SUBRAMANIAN, R. SAKTHIVEL
A. L. Deivanathan – Appellant
Versus
R. Rajavarman (Died) – Respondent

Advocates Appeared:
For the Appellant : Mr. C.P. Sivamohan.
For the Respondent: Mr. V. Sekar.

JUDGMENT :

R. SAKTHIVEL, J.

[PRAYER: First Appeal filed under Section 96 read with Order XLI Rule 1 of Code of Civil Procedure, 1908, praying to set aside the judgment and decree dated 18.01.2017 passed in O.S.No.191 of 2011 by the learned III Additional District Judge, Salem.]

The appellants herein are the plaintiffs in O.S.No.191 of 2011 on the file of 'III Additional District Judge, Salem' (henceforth 'Trial Court').

2. For the sake of convenience, henceforth, the parties will be referred to as per their array in the suit i.e., the appellants herein and the respondents herein will be referred to as plaintiffs and defendants respectively.

3. Feeling aggrieved with the judgment and decree dated January 18, 2017, passed by the Trial Court in O.S.No.191 of 2011, the plaintiffs have preferred this Appeal under Section 96 read with Order XLI Rule 1 of the ‘Code of Civil Procedure, 1908’ (henceforth ‘CPC’), praying to set aside the aforementioned judgment and decree. It is brought to our notice that the 1st respondent in this appeal died pending appeal. The other 3 respondents are his children they are recorded as his legal representatives.

Plaintiffs’ case

4. The case of the plaintiffs is th