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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SAKTHIVEL
G. Rajendra Prasad, S/o. G.C.Kannaiah – Appellant
Versus
P.S. Narasimhan, S/o. Subramani – Respondent
| Table of Content |
|---|
| 1. factual background of the suit and parties involved. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties. (Para 6 , 7 , 8) |
| 3. court's observations and findings on the issues. (Para 9 , 10) |
| 4. legal reasoning regarding the right to sue. (Para 12) |
| 5. final order and directions. (Para 13 , 14) |
ORDER :
Captioned Civil Revision Petitions are filed under Article 227 of the Constitution of India, 1950 . The one in C.R.P. No.2470 of 2023 is filed praying to set aside the Order dated March 13, 2023 passed in I.A. No.1 of 2021 in O.S. No.38 of 2020 on the file of 'the Subordinate Judge, Thiruthani' ['Trial Court' for short] and allow the said petition and consequently dismiss the Suit. The one in C.R.P. No.2472 of 2023 is filed praying to confirm the Order of dismissal dated March 14, 2023 passed in I.A. No.3 of 2021 in O.S. No.38 of 2020 on the file of the Trial Court and dismiss the portion of the order granting liberty to file a fresh application with correct particulars to the Respondent herein /Petitioner/Plaintiff and consequently dismiss the Suit.
3. The case of the Plaintiff is that the Suit 'A' schedule property is the self-acquired property of the Plaintiff’s mother
A suit against a deceased defendant is a nullity, but the right to sue survives against legal heirs; failure to properly implead heirs does not invalidate the claim.
The trial Court exceeded its jurisdiction by issuing directions beyond the application’s scope, but the status quo regarding the property must be maintained until the main suit is resolved.
The petitioners can be permitted to withdraw the suit to file a fresh suit, and they are liable to satisfy the law of limitation while filing the fresh suit.
The court emphasized a lenient approach to granting delay in setting aside ex-parte decrees, underscoring natural justice principles when the Defendants were unable to appear due to bereavement.
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