Thanka v. Kunjumol
Case brief
What is this about?
The High Court of Kerala dismissed a civil revision petition under Section 115 CPC for being not maintainable. The decree was against a deceased person. The court directed parties to move the original court to reopen the suit for readjudication.
What did the court decide?
Civil Revision Petition dismissed as not maintainable; no order on merits.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
THURSDAY, THE 27TH DAY OF SEPTEMBER 2012/5TH ASWINA 1934
CRP.No. 404 of 2012 ()
OS.318/1997 of ADDL.SUB COURT, NORTH PARAVUR
REVISION PETITIONER(S)/CIVIL REVISION PETITIONER/LEGAL HEIRS OF DECEASED RESPONDENT NO.7:
- THANKA,, AGED 45 YEARS W/O LATE RAJAN, MACHAMPILLY PARAMBIL, ELAVOOR ANGAMALI.
- RADHIKA,, AGED 19 YEARS
- D/O LATE RAJAN, MACHAMPILLY PARAMBIL, ELAVOOR ANGAMALI.
- RAHUL (MINOR),, AGED 14 YEARS S/O LATE RAJAN, MACHAMPILLY PARAMBIL, ELAVOOR ANGAMALI.
BY ADVS.SRI.K.K.CHANDRADAS
Issues for consideration
3 issues framed by the court
Whether a civil revision petition under Section 115 CPC filed against a final decree passed against a deceased person is maintainable.
Whether the remedy for setting aside a decree passed on a dead person lies in reopening the suit in the original court.
Whether dismissal of the revision petition without prejudice preserves the right to seek reopening of the suit.
Parties & counsel
- petitioner
Thanka
- petitioner
Radhika
- petitioner
Rahul
- respondent
Kunjumol
- respondent
Lakshmi
- respondent
Case details
As recorded by the court registry
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