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...further contended that the defendant No.5 and 6 died long back and suit filed against dead persons is not maintainable and it has been abated and suit suffers from mis-joinder of necessary parties...against the appellants/defendants and other respondents seeking partition and separate possession in suit schedule A to D properties. Earlier, the suit was filed in Chikodi court and subsequently, it...DATED 30.08.2010 PASSED IN R.A.NO.8/2007 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT I, AT CHIKODI, ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT DATED...
.... Unfortunately when the suit was filed, defendant Nos. 2, 3 and 5 were already dead. Petitioner who was one of the defendants in the said suit filed an application for dismissal of the suit on th...suit as filed, was a dead suit and it could not be resurrected or resuscitated by substitution/impleadment. A suit may not be maintainable against only and only dead persons. How...respondent Nos. 2 to 7 filed a suit under section 229-B of U.P.Z.A and L.R Act being suit No. 9/26/03. In the said suit there were several defendants including petitioner...
...of the petitioner that the learned S.C.C Judge ought to have allowed the applications for substitution even though the suit had been filed against dead persons.4. The facts in the present su...High Courts, a Division Bench of the Mysore High Court held that where a suit is filed against a dead person, a court has no jurisdiction to grant an application under O. 1, R. 10 or under O. 22, Rr. 4...and 9 or do any other Act authorised by the Code of Civil Procedure, as the suit filed against a dead person is a nullity.5. Their Lordships clearly laid down that no substitution can be...
...has been challenged by the plaintiffs on the ground of fraud as defendant filed the above said suit against the dead persons. When defendant no. 1 filed a suit in the year 1994, Basant Ka...defendant no. 1 filed the suit against dead persons and got the decree in his favour. It is true, the decree against dead persons has no value in the eyes of law. Further, the de...Anil Kshetarpal, J.:— Defendant No. 1.petitioner has filed the present revision petition against order dated 05.12.2018, passed by the learned Civil Judge (Junior Division), Bathinda...
...denied permission to withdraw the suit filed by him against dead persons, who are arrayed as respondents here. The matter is therefore dealt with in exercise of the extraordinary jurisdiction of this...Fernandes i.e respondents Nos. 1 and 2 here, on the ground that they were dead when the suit was filed. It appears that the Bailiff report on the summons issued to the defendants also shows that the...the ground that a suit against a dead person is a nullity and his legal heirs cannot be brought on record. According to the learned trial Court to filing of a suit against a dead person being a...
...withdraw the suit filed by him against dead persons, who are arrayed as Respondents here. The matter is therefore dealt with in exercise of the extraordinary jurisdiction of this Court in addition to the.... Respondents No. 1 and 2 here, on the ground that they were dead when the suit was filed. It appears that the Bailiff report on the summons issued to the defendants also shows that the defendants have...ground that a suit against a dead person is a nullity and his legal heirs cannot be brought on record. According to the learned trial Court to filing of a suit against a dead person being a nullit...
...court to implead them as the legal representatives of defendants No. 2 & 3 is illegal. The plaintiffs have filed the suit against the dead persons and the suit was not maintainable....Joginder Singh v. Chander Kanta through Lrs. 2006 (4) RCR (Civil) 418 wherein this court laid down that if a suit has been filed against a dead person...and the application to implead the legal representatives of defendants No. 2 & 3 was filed on 20.8.2011 i.e just after 16 days of filing the suit...
...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 t...itself hence their legal representatives cannot be brought on record. Since the suit was filed against dead persons, the same does not fall within the category of a formal defect. In consequence the applic...instituted by plaintiffs against dead persons. They had no knowledge at the time of institution of the suit that they have already expired. The said fact became known to them only upon an application having been ...
...suit was filed against the defendants even though defendants No. 3 to 6 were dead.The suit against dead persons was not competent.The plaintiffs-r...argued that application is not maintainable as there is no formal defect in this case. The plaintiffs came to know regarding death of some defendants in the year 2003 and he filed the suit against dead...the Court.The facts noticed by the learned trial Court, show that there was a formal defect, as the suit filed against the dead defendants was not maintainable, and was likely to fail...
..., I fail to understand how the suit could have been filed against dead persons, which was filed in 2014. Be that as it may, the notice of motion is restricted seeking an injunction only ...B.P. Colabawalla, J.:— When this motion was originally filed, it was seeking a prayer for appointing a Court Receiver in relation to the suit property bearing Survey No. 76, Hissa No. 11...defendant Nos. 5 to 7 and who, according to the plaintiff, are the only heirs and legal representatives of defendant No. 4 as well as defendant No. 8(a) to 8(c).2. The suit has been filed for...
...the suit filed by him against dead persons, who are arrayed as Respondents here. The matter is therefore dealt with in exercise of the extraordinary jurisdiction of this Court in addition to the.... Respondents No.1 and 2 here, on the ground that they were dead when the suit was filed. It appears that the Bailiff report on the summons issued to the defendants also shows that the defendants have...that a suit against a dead person is a nullity and his legal heirs cannot be brought on record. According to the learned trial Court to filing of a suit against a dead person being a nullity canno...
...and a written statement has been filed denying the plaint averments. It was specifically pleaded that the defendant was not the owner. It is further contended that a civil suit has been filed against the ...against the dead persons as it is clearly reflected that subsequently an application has been filed for deleting the names of the defendants No. 2 to 6 from the array of the defendants by the plaintiff...counsel for the petitioner that the respondents/plaintiffs have filed the civil suit against the defendant for declaration of title and permanent injunction stating that the plaintiffs have purchased the...
...filed against the dead person is a nullity......."
However, while considering this aspect, the trial Court has failed to notice several decisions including that of the Orissa High Court to the effect that w...was held that where a suit is filed against a dead person, the Court' has no jurisdiction to grant an application under Order 1. Rule 10, or under Order 22...trial Court on the ground that the suit against dead person being a nullity, the petition cannot be allowed. The trial Court observed :
".....The law is well settled that the suit...
...Rule 31 of the Code of Civil Procedure as also that the suit was filed against the dead persons and also that the persons who were/are having share in the property in issue were not impleaded as d...affidavit filed today is taken on record. Heard learned counsel for the petitioners, Shri Hemant Kumar Pandey, learned Standing Counsel for the State and perused the record.
In...
...lessees were Moreshwar Kashinath and Radhabai, wife of Ramakrishna Bhai Thakore. Apparently, these persons were dead and the suit was filed against Defendants 1 to 3 as heirs and legal...filed against the defendants on a cause of action could not be dismissed merely because of the non-joinder of the legal representatives of Defendant 4 who was already dead at the institution of the suit...being on the record. Though the plaintiffs impleaded 5 persons as defendants in the suit, the plaintiffs claimed a decree against the first defendant only in respect of the rents received by him from...
...contained in Roop Chand v. Sardar Khan, AIR 1928 Lah 359, a Division Bench judgment, is that if a suit is filed against a dead person, then it is a nullity and you cannot join any ...petition is not maintainable because it was filed against a dead person and Shri Krishan Lal had died on 19th March, 1968, which was before the main application was moved. It is necessary to...distinguish the preliminary objection from the objection on merits, because in the first instance it is submitted that the original petition has been filed against a dead person and, therefore, this application...
...against the dead persons, and hence, not maintainable.
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4.In addition, the learned counsel for the...suit as against the persons, who attempted to dispossess him.
7.Apart from that, at least for more than a century it is a settled position of law that a person who...:- This civil revision petition has been filed under Article 227 of Constitution of India against the O.S.No.104 of 2024 pending on the file of the 1stAdditional District Munsiff...
...the legal representative of deceased defendant no. 2(iii) was made a party and despite that he has not been made a party to the present suit. It was contended that the suit against the dead persons is liab.... Since the suit was filed against a dead person, on coming to know about the death of the deceased, the suit shall not abate. No provision has been pointed out by the learned counsel for the defendant no....the Limitation Act, 1963 on filing a suit against several defendants, one of which is already dead when the suit was filed. If a mistake was bonafide and plaintiff became aware of the...
...counsel for respondent moves an application that defendants No. 5 to 8 were dead before lawsuit is filed by Smt. Sundari. The suit was against dead persons. There elicits a reply that Mohd. Mustaf...Zaiul Hasan were wrongly impleaded as defendants; they had died. Their names were got deleted from the array of defendants. The rest of defendants were alive and decree is not against dead persons....5. The decree of trial court is dated 20-1-1967. Against this appeal is filed by Lal Mohd. and Smt. Saira Bibi. Appeal is not competent unless there is a certified copy of decree of trial court...
...petition under Order 1 Rule 10 of the Code of Civil Procedure that due to bona fide mistake, the suit has been filed against dead persons, viz. the defendant No. 1 and the defendant No. 10 and since I find...defendant, who was dead at the time of institution of the suit, can be impleaded as a party to a suit by exercising power under Order 1 Rule 10 of the Code of Civil Procedure...the Court to add the legal heirs of a defendant, who was dead at the time of institution of the suit, if such legal heirs are necessary parties for proper and effective adjudication and to avoid...