V.S.a.Babu v. v.C.Santha
Case brief
What is this about?
The High Court at Madras dismissed a civil revision petition held to have abated because the petitioner died without impleading legal heirs despite being given sufficient opportunities to do so.
What did the court decide?
Civil Revision Petition dismissed as abated. Connected Civil Miscellaneous Petitions closed. No costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.09.2018
CORAM:
The Honourable MR. JUSTICE M.S. RAMESH
C.R.P.(NPD).No. 977 of 2016 and C.M.P.Nos.5522, 10204 & 16704 of 2016
V.S.A. Babu ... Petitioner/Judgment Debtor
Vs. V.C. Santha ... Respondent/Decree Holder
Prayer:
Civil Revision Petition filed under Section 115 of Civil Procedure Code against order and decretal order in E.A.SR.No.10511 of 2016 in E.P.No.376 of 2003 in O.S.No.6947 of 1974, dated 15.03.2016 on the file of the X Assistant Judge, City Civil Court, Chennai and to set aside the same.
For Petitioner/JD : M/s. N. Kavitha Rameshwar For Respondent/DH : Mr. M. Udhayakumar O R D E R
The petitioner has filed the present Civil Revision Petition against order and decretal order in E.A.SR.No.10511 of 2016 in E.P.No.376 of 2003 in O.S.No.6947 of 1974, dated 15.03.2016 passed by the learned X Assistant Judge, City Civil Court, Chennai and set aside the same.
Issues for consideration
1 issue framed by the court
whether the present civil revision petition is maintainable when the judgment debtor died during the pendency of the petition without impleading legal heirs.
Parties & counsel
- petitioner
V.S.A. Babu
- respondent
V.C. Santha
Coram
M.S. RAMESH
Case details
As recorded by the court registry
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