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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
Zubaitha Ummal – Appellant
Versus
Sara Ummal – Respondent
ORDER :
V. LAKSHMINARAYANAN, J.
This Civil Revision Petition arises against the order passed by the learned District Judge, Karaikal, in I.A.No.66 of 2018 in I.A.No.178 of 2017 in O.S.No. 21 of 1993, dated 18.12.2019.
2. O.S.No.21 of 1993 is a suit for partition and separate possession.The said suit came to be dismissed by the learned Trial Judge, in and by way of a judgment and decree, dated 05.08.1997.
3. Aggrieved by the same, an appeal was preferred to this Court in A.S.No.76 of 1999. In and by way of a judgment dated 26.11.2013, the appeal was allowed and the judgment and decree of the Trial Court in O.S.No.21 of 1993 was set aside. This Court declared that the appellant / 1st plaintiff and respondents 8 to 15, who were plaintiffs 2 to 9, are entitled to partition of 42/120 share in the plaint 'A' & 'B' schedule mentioned properties. As the appeal had been allowed, liberty was granted to the appellant / 1st plaintiff and plaintiff Nos.2 to 9 / respondents 8 to 15 in the appeal, to seek for appointment of an Advocate Commissioner and for passing of a final decree.
4. After the appeal came to be allowed, the 4th respondent in the appeal, one Hadja Fakrudeen, filed an application in C
A preliminary decree in a partition suit prevents abatement, and counsel's failure to report deaths does not impede the legal process for bringing in representatives, as established by Order XXII Rul....
Once a preliminary decree for partition is passed, the suit does not abate upon the death of any party, and appointing an advocate commissioner does not require conducting a trial.
Legal representatives of a deceased plaintiff can be brought on record under Order XXII Rule 3 of the Code of Civil Procedure even before the suit is numbered, as the suit is deemed to commence with ....
Point of law: Decree in Suit – Abatement of Appeal - In cases where an appellate Court has made an order dispensing with service of notice of appeal upon legal representatives of any person deceased ....
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