Petitioner challenged dismissal of Revision regarding suit abatement. Court held suit did not abate upon death of one plaintiff because cause of action survived to other plaintiffs. Petition dismissed.
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Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 4860 of 2022 Petitioner :- Shyam Singh Respondent :- Shokat Ali And 7 Others Counsel for Petitioner :- Mazhar Abbas Zaidi,Sunil Kumar Yadav Counsel for Respondent :- Chetan Chatterjee
Hon'ble Siddhartha Varma,J.
Supplementary Affidavit filed today be kept on record.
In a suit for cancellation of sale deed, when the plaintiff no.3 had died, the defendant-petitioner had filed an application for abating the suit as the legal heirs and representatives of the plaintiff no.3 were not brought on record. When the abatment was dismissed on 30.4.2022, the defendant-petitioner filed a Revision and when that was rejected on 19.5.2022, the instant petition under Article 227 of the Constitution of India was filed.
Learned counsel for the petitioner states that the suit ought to have been dismissed as abated as the legal heirs and representatives of plaintiff no.3 were not brought on record.
Learned counsel for the respondent nos.1, 2 and 4, however, states that as the cause of action was surviving to the surviving plaintiffs, the suit would not abate.
I find merit in the submission made by learned counsel for the respondents and also find from the perusal of the plaint that the cause of action survived to the plaintiff nos.1, 2 and 4 and, therefore, the suit would not abate.
The petition is, accordingly, dismissed.
Order Date :- 8.7.2022 GS
(Siddhartha Varma, J.)
Digitally signed by GAUTAM SONI Date: 2022.07.08 17:17:43 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a suit for cancellation of sale deed abates upon the death of a plaintiff when the cause of action survives to other surviving plaintiffs.
Shyam Singh
Shokat Ali And 7 Others
Siddhartha Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
