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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
D. Selvi – Appellant
Versus
Suseela Ramachandran – Respondent
ORDER :
V. LAKSHMINARAYANAN, J.
This Civil Revision Petition arises against the order passed by the learned District Munsif cum Judicial Magistrate, Cheyyur in I.A. No. 304 of 2022 in O.S. No. 55 of 2020 dated 25.08.2023.
2.The civil revision petitioners are the plaintiffs in the suit. O.S.No.55 of 2020 was originally presented before the learned District Munsif at Madurantakam and was numbered as O.S.No. 328 of 2013. Subsequently, on account of creation of a Court at Cheyyur, the suit was transferred to the file of District Munsif cum Judicial Magistrate, Cheyyur and renumbered as O.S.No. 55 of 2020. In the suit, the plaintiffs seek for the following reliefs:
"(a). For Declaration that the legal heirs of Late.Ganapathy Gramani viz., the plaintiffs 1 to 5 as well as the defendants 3 to 14 are the absolute owners of the suit schedule properties and have got title over the same and for possession of the suit schedule properties from the defendants 1 and 2;
(b). For Declaration that the plaintiffs as well as 5th defendant's mother by name Yasodha, defendants 3,4, the father of the defendants 6 to 8 by name T.G.Angamuthu, mother of the defendants 9,10,12, 13 and grand-mother of the defendan
Amendment to pleadings concerning deceased defendants allows for exemption from substitution if they were ex parte and had no interest in the proceedings, and such request is not limited by the 90-da....
The main legal point established is that the timely filing of applications under Order XXII Rule 4 and Rule 9 of the CPC is crucial, and delay cannot be condoned without sufficient cause. Negligence ....
Impleadment of legal heir – On death of defendant till his legal heirs are brought on record, suit/appeal remains in state of suspense and if court proceeds with matter that carries no legal effect –....
Legal representatives of deceased parties can seek substitution; amendments to pleadings are permitted to promote effective adjudication and safeguard substantive rights over rigid procedural complia....
The court established that under Order XXII Rule 4(4) of the CPC, a plaintiff may be exempted from substituting legal representatives of a deceased defendant who failed to participate in the proceedi....
A decree passed against a deceased party is null and void; proper procedure under Order 22 CPC must be followed to avoid automatic abatement.
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 ....
The trial court erred by abating the suit without proper inquiry into legal representation, as abatement is procedural and not substantive, requiring adherence to the principles laid out under Order ....
Merely because the evidence of respondent/defendant and Prabhakar Rao (PW-2) was not repeated all over again, it cannot be held that the appellant/ plaintiff could be non-suited on this ground.
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