Allowed

S.Rani v. N.Sevenan (Deceased)

Madras HC26 Apr 2022CRP/1415/2022

Case brief

AI extract

What is this about?

The court set aside a lower appellate court's order recording letters for the non-impleadment of legal heirs of a deceased defendant in an appeal against a partition suit. It directed the lower court to implead the legal heirs and reconsider the matter.

What did the court decide?

The memos recording non-impleadment were set aside; legal representatives of the deceased 21st defendant were directed to be impleaded in both pending appeals.

S.Rani Vs N.Sevenan (Deceased) — Partition | Madras HC (2022)

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C.R.P (NPD) Nos.1415 & 1422 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.04.2022

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CORAM: JUSTICE N.SESHASAYEE

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C.R.P (NPD) Nos.1415 & 1422 of 2022 and C.M.P. Nos.7333 & 7345 of 2022

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C.R.P. (NPD) No.1415 of 2022

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1.S.Rani

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2.R.Karamchand

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3.R.Deepa

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4.R.Swetha

... Petitioners

Vs.

N.Sevanan (Deceased)

1.Amulu

2.Rambai

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3.Mani

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4.Radha

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5.Yesodha

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6.Kannagi

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O.B.Lingam (Deceased)

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7.L.Bheeman

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8.L.Raman @ Shankaran 9.L.Desingh 10.L.Shivan

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11.Rani

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12.Sakthi

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Iyyamma (Deceased) S.Matha Gowder (Deceased)

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https://www.mhc.tn.gov.in/judis

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__________ Page 1 of 10_

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C.R.P (NPD) Nos.1415 & 1422 of 2022

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13.H.M.Kalu 14.M.Arjunan 15.M.Raman 16.R.Elango @ Muthu

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M.Bellu Gowder (Deceased)

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17.B.Shankaran 18.B.Nagarajan 19.M.Nanjan 20.M.N.Bheeman 21.M.N.Arjunan

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M.N.Raju (Deceased)

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22.N.Shivan 23.H.Selva Kumar

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Chinnammal (Deceased)

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24.The Head Master Government Higher Secondary School Hosahattu, Thoraihatty Post Udhagamandalam Taluk Nilgiris District

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25.The Commissioner Panchayat Union Udhagamandalam Taluk, Nilgiris District

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26.S.Durairaj

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S.Raman (Deceased)

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27.S.Krishnamoorthy 28.Sreedevi 29.A.Radhika 30.A.Mahesh 31.A.Thilaga

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https://www.mhc.tn.gov.in/judis

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__________ Page 2 of 10_

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C.R.P (NPD) Nos.1415 & 1422 of 2022

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32.B.Vimala 33.B.Vijaya

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Lakshmiammal (Deceased) 34.Babu 35.Seethaiammal 36.T.N.Rajkumar 37.T.N.Sivan 38.T.N.Devan 39.Lakshmi 40.Malliga 41.Mani 42.Kannamma 43.N.Raman N.Karnan (Deceased) 44.Kamala 45.Bheeman 46.Ravi 47.Devi 48.Vijaya 49.Mathi @ Lakshmi 50.Janu 51.Babu 52.L.Joghee 53.L.Durai 54.L.Sundari L.Mani (Deceased) 55.Malli 56.Lakshmi 57.Seethai 58.Uthami 59.Mathiammal 60.Lakshmiammal 61.S.Mohan Kumar 62.S.Rajammal 63.S.Meenakshi

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... Respondents

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https://www.mhc.tn.gov.in/judis

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__________ Page 3 of 10_

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C.R.P (NPD) Nos.1415 & 1422 of 2022

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C.R.P. (NPD) No.1422 of 2022

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1.S.Rani

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2.R.Karamchand 3.R.Deepa

4.R.Swetha

... Petitioners

Vs.

1.S.Durairaj

S.Rman (Deceased) 2.S.Krishnamoorthy

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N.Sevanan (Deceased)

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3.Amulu 4.Rambai 5.Mani 6.Radha 7.Yesodha 8.Kannagi

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O.B.Lingam (Deceased)

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9.L.Bheeman

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10.L.Raman @ Shankaran

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L.Arjunan (Deceased)

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11.L.Desingh 12.L.Shivan 13.Rani 14.Sakthi

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Iyyamma (Deceased)

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S.Matha Gowder (Deceased)

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https://www.mhc.tn.gov.in/judis

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__________ Page 4 of 10_

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C.R.P (NPD) Nos.1415 & 1422 of 2022

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15.H.M.Kalu 16.M.Arjunan 17.M.Raman 18.R.Elango @ Muthu

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M.Bellu Gowder (Deceased)

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19.B.Shankaran 20.B.Nagarajan 21.M.Nanjan 22.M.N.Bheeman 23.M.N.Arjunan

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M.N.Raju (Deceased)

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24.N.Shivan 25.H.Selva Kumar

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Chinnammal (Deceased)

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26.The Head Master Government Higher Secondary School Hosahattu, Thoraihatty Post Udhagamandalam Taluk Nilgiris District

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27.The Commissioner Panchayat Union Udhagamandalam Taluk, Nilgiris District

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28.Sreedevi 29.A.Radhika 30.A.Mahesh 31.A.Thilaga 32.B.Vimala 33.B.Vijaya 34.Lakshmiammal 35.Babu 36.Seethaiammal

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https://www.mhc.tn.gov.in/judis

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__________ Page 5 of 10_

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C.R.P (NPD) Nos.1415 & 1422 of 2022

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37.T.N.Rajkumar 38.T.N.Sivan 39.T.N.Devan 40.Lakshmi 41.Malliga 42.Mani 43.Kannamma 44.N.Raman N.Karnan (Deceased)

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45.Kamala 46.Bheeman 47.Ravi 48.Devi 49.Vijaya 50.Mathi @ Lakshmi 51.Janu 52.Babu 53.L.Joghee 54.L.Durai 55.L.Sundari L.Mani (Deceased) 56.Malli 57.Lakshmi 58.Seethai 59.Uthami 60.Mathiammal

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Lakshmiammal (Deceased)

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61.S.Mohan Kumar Desingh (Deceased) 62.S.Rajammal 63.S.Meenakshi

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... Respondents

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https://www.mhc.tn.gov.in/judis

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__________ Page 6 of 10_

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C.R.P (NPD) Nos.1415 & 1422 of 2022

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PRAYER: The Civil Revision Petitions filed under Section 115 of the Civil Procedure Code to set aside the fair and final order dated 16.02.2022 passed by the learned District Judge, Udhagamandalam in the memos filed in I.A. No.55/2018 in ASCFR No.3210 of 2017 and I.A. No.102/2018 in ASCFR No.3214 of 2018.

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For Petitioners in : Ms.S.Varsha both CRPs For Respondents in : Mr.P.Harish, Govt. Advocate both CRPs for R24 & 25 in C.R.P. No.1415 & for R26 & 27 in C.R.P. No.1422

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COMMON ORDER

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The plaintiff has lost a partition suit and has laid a first appeal, but with delay. In the meantime, a couple of defendants have passed away and he had filed memos before the court that there is no need to implead the legal representatives of those defendants. This is resisted by the other contesting defendants/respondents before the first appellate court. But the first appellate

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court, proceeded to record that memos. This is now under challenge.

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Heard the learned counsel for the revision petitioners. If an appellant decides

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not to implead the legal heirs of a deceased respondent in all the cases, where the right of defence survives on the legal heirs of such deceased respondents,

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https://www.mhc.tn.gov.in/judis

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__________ Page 7 of 10_

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C.R.P (NPD) Nos.1415 & 1422 of 2022

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the court can record only abatement of the case as against them. Today, even the

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appeal is not before the court and so far as the decree goes thus in favour of the defendants, therefore, the revision petitioners, legal heirs of the 21st defendant, do not have any right to force the appellants/respondents herein.

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The learned counsel appearing for the revision petitioners submitted that the legal representatives of the 21st defendant filed their written statement and contested the suit, yet the learned Principal District Judge, Udhagamandalam, has overlooked and recorded the memos filed by the respondents/proposed appellants before him. The learned counsel further added that, it was a suit for partition and if the revision petitioners are not allowed to participate in the appeal, then their right would go unheard in the eventuality of the first appellate court taking the appeal on its file and decide the matter in favour of the plaintiff.

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This court finds some considerable merit and contents in the submissions of the learned counsel for the revision petitioners. In terms of the procedural law, the appellant may not be forced to implead the legal heirs of the deceased defendant. Yet, the right of such legal representatives of the deceased defendant

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to be heard in any proceeding, affecting the substantial and procedural right,

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https://www.mhc.tn.gov.in/judis

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__________ Page 8 of 10_

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C.R.P (NPD) Nos.1415 & 1422 of 2022

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cannot be denied. It may not have been appropriate for the learned Principal District Judge, Udhagamandalam, to have gone in meticulous details on the merit of the case. The revision petitioners are now at liberty to move the learned Principal District Judge to have themselves impleaded, as the legal representatives of the deceased 21st defendant in both the appeals, both of which are pending in the stage, where the court is required to consider the condonation of delay. The first appellate court, is now required to address the issue, uninfluenced by his analysis on facts that led to record the memos filed by the respondents herein.

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The revision petitions are disposed of accordingly. However, there is no order as to costs. Consequently, the connected civil miscellaneous petitions are closed.

26.04.2022

Asr

The Principal District Judge, Udhagamandalam

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https://www.mhc.tn.gov.in/judis

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__________ Page 9 of 10_

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C.R.P (NPD) Nos.1415 & 1422 of 2022

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N.SESHASAYEE, J.,

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Asr

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C.R.P (NPD) Nos.1415 & 1422 of 2022 and C.M.P. Nos.7333 & 7345 of 2022

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26.04.2022

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https://www.mhc.tn.gov.in/judis

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__________ Page 10 of 10_

S.Rani v. N.Sevenan (Deceased)

Case brief

What is this about?

What did the court decide?

S.Rani v. N.Sevenan (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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