The Madras High Court dismissed civil revision petitions filed under Article 227 of the Constitution of India. The court held that since both the first petitioner and sole respondent were deceased without legal heirs being impleaded, the petitions abated.
Civil revision petitions dismissed as abated; connected civil miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.08.2019
Coram
The Honourable Mrs.Justice R.HEMALATHA
C.R.P.(NPD)Nos.247 of 2006 and C.R.P(NPD)No.620 of 2009 and
C.M.P.Nos.1987 & 3986 of 2006
PRAYER IN CRP(NPD)No.247 OF 2006: This Civil Revision Petition has been filed under Article 227 of the Constitution of India to set aside order dated 27.12.2005 passed in E.P.No.1516 of 2005 in O.S.No.3148 of 1986 by the learned X Assistant Judge, City Civil Court, Chennai.
PRAYER IN CRP(NPD)No.620 of 2009: This Civil Revision Petition has been filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 04.04.2006 passed in I.A.No.21365 of 2005 in I.A.No.21366 of 2005 in O.S.No.3148 of 1986 by the learned XV Assistant Judge, City Civil Court, Chennai.
A perusal of the records shows that the first petitioner and the sole respondent in both the civil revision petitions are dead even during the year 2016 and till date no steps have been taken to implead the legal heirs of the deceased/first
petitioner and deceased/first respondent and therefore these civil revision petitions are dismissed as abated. No costs. Consequently, connected civil miscellaneous petitions are closed.
-s/d-
Assistant Registrar(CCC)
True Copy
Sub-Assistant Registrar
rrg
To
1.The X Assistant Judge,
City Civil Court,
Chennai.
2.The XV Assistant Judge,
City Civil Court,
Chennai.
Copy to
The Section officer
VR Section
High Court, Madras 104.
+2 Ccs to Mr.P.C. Harikumar & Associates sr 71789, 71787.
C.R.P.(NPD)No.247 of 2006
&
C.R.P.(NPD)No.620 of 2009
and
C.M.P.Nos.1987 & 3986 of 2006
SV(CO)
SP(04/10/2019)
1 issue framed by the court
Whether civil revision petitions filed by deceased parties without impleading legal heirs can be maintained.
1 provisions across 1 enactments
First Petitioner (Deceased)
First Respondent (Deceased)
R. HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
