Smt. Anita Devi vs Sri Ram Kumar
2012 Latest Caselaw 3444 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- FIRST APPEAL No. - 225 of 2009
 

 
Petitioner :- Smt. Anita Devi
 
Respondent :- Sri Ram Kumar
 
Petitioner Counsel :- Dwivedi S.C.,Vikas Tiwari
 
Respondent Counsel :- Ashok Bhatnagar
 

 
Hon'ble Prakash Krishna,J.

Hon'ble Arvind Kumar Tripathi (II),J.

Heard Shri S.C. Verma, learned counsel for the appellant and Shri Ashok Bhatnagar, who has filed application for impleadment.

It is not in dispute between the parties that Shri Ram Kumar, sole respondent who has obtained decree for divorce has expired on 27th January, 2012. Shri Verma submits that the appeal as well as divorce petition both should abate in view of Order VII Rule 1(e) of the C.P.C. read with Order XXII Rule 1 of the C.P.C. He also submits that doctrine of actio personalis moritur cum persona will apply. Submission is that cause of action of the deceased was present with him and after his death there is no cause of action. Shri Verma submits that the deceased has left no heir and there is no involvement of any estate in these proceedings.

Shri Ashok Bhatnagar, on the other hand, submits that only the appeal will abate.

Judgment reserved. Order on 14th August, 2012.

        (A.K. Tripathi (II),J)         (Prakash Krishna,J)

Order Date :- 8.8.2012

MK/