Shyam Singh v. Shokat Ali and 7 Others
Case brief
What is this about?
Article 227 petition, Allahabad High Court, dismissed 8.7.2022 (Siddhartha Varma, J.). Amendment application recording death of plaintiff no.3 in a suit for cancellation of sale deed dated 3.7.1992; contention that suit ought to have abated on plaintiff's death rejected — cause of action survived to plaintiff nos. 1, 2 and 4, so the suit survived and no error in the impugned order noting the death. Revision against the amendment order had been dismissed on 19.5.2022. Keywords: abatement of suit, amendment application, death of plaintiff, survival of suit, cancellation of sale deed, Article 227.
What did the court decide?
Since the suit was for cancellation of a particular sale deed and the cause of action survived to plaintiff nos. 1, 2 and 4, the suit would survive for them, and there was no error in the impugned order by which a note was made of the fact that plaintiff no.3 had died.