Back
PRANAY VERMA
Laxminarayan – Appellant
Versus
Janki Bai Through LRs. Smt. Suman – Respondent
ORDER
1. This Revision under section 115 of the CPC has been preferred by the plaintiffs being aggrieved by the order dated 6.7.2023 passed in RCS No.49-A/2019 by the Civil Judge, Junior Division, Dewas whereby their application under Order 23 rule 1 of the CPC for withdrawal of the suit with liberty to institute a fresh suit has been rejected.
2. The facts in brief are that on 20.3.2019 the plaintiffs instituted an action for declaration of their title to the suit land and for permanent injunction. Summons of the suit were issued to the defendants and defendants 1 to 3 were purportedly served by way of publication in a daily newspaper. On 19.9.2022, at the time of recording of plaintiff’s ex parte evidence, Smt. Abhaya Bai @ Kalka, legal representative of deceased defendant No.2 Krishnarao, filed an application for dismissal of the suit on the ground that the same has been instituted against dead persons. By order dated 15.12.2022 the application was rejected by the trial Court holding that Smt. Abhaya Bai is not a party to the suit hence has no right to file the application.
3. On 8.5.2023, the plaintiffs filed an application under Order 23 rule 1(3) of the CPC for withdrawal of th
Plaintiff may withdraw a suit with court permission if necessary parties are deceased, without affecting co-defendants' separate interests.
A suit filed against a dead person is a nullity and cannot be subsequently amended to substitute the legal representatives of the deceased defendant.
An appeal filed against a deceased sole defendant is a nullity; proper procedure requires withdrawal of the appeal with liberty to file a fresh one involving the legal heirs.
The legal principle established is that a suit filed against a deceased defendant is not maintainable, and the court may permit the withdrawal of the suit with liberty to file a properly constituted ....
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 ....
The amendment to Order XXII Rule 4 of the CPC aims to ensure the continuation and culmination of effective adjudication and to prevent the proceedings from coming to an end summarily due to the death....
A suit filed against a deceased person is a nullity, but if it involves multiple parties, it may not abate; procedural lapses can be corrected to serve substantial justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
