Indrachand Bankatlal Joshi vs Madanlal Mohanlal Bohra
2023 Latest Caselaw 12076 Bom

Bombay High Court

Indrachand Bankatlal Joshi vs Madanlal Mohanlal Bohra on 4 December, 2023

Author: Amit Borkar

Bench: Amit Borkar

2023:BHC-AS:36005
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                        SA Pathan
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                      CIVIL REVISION APPLICATION NO.28 OF 2017

                        Indrachand Bankatlal Joshi                    ... Applicant
 AYUB
          Digitally
          signed by
          SHABNOOR
 SHABNOOR AYUB
          PATHAN
                                  V/s.
 PATHAN



                        Madanlal Mohanlal Bohra                       ... Respondent
          Date:
          2023.12.05
          10:23:04
          +0530




                                                        WITH
                                       INTERIM APPLICATION NO.15660 OF 2023
                                                         IN
                                      CIVIL REVISION APPLICATION NO.28 OF 2017

                        Indrachand Bankatlal Joshi (Deceased)
                        Through Legal Heirs                           ... Applicants
                                  V/s.
                        Madanlal Mohanlal Bohra (Deceased)
                        Through Legal Heirs                           ... Respondents



                        Mr. Suryajeet P. Chavan, for Applicant.




                                                      CORAM   : AMIT BORKAR, J.

DATED : DECEMBER 4, 2023 P.C.:

1. The civil revision application arises out of rejection of application under Order 7, Rule 11 of the Code of Civil Procedure, 1908. The original suit is for compensation on the ground of defamation. During pendency of the suit the plaintiff was died.

The nature of right claimed in the suit is personal in nature. During pendency of suit right to sue shall not survive with the

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legal representatives, in such a suit. It is only, if the decree is passed, the rights vests with the legal representatives and only in appeal they can be brought on record. The position in that regard is no longer res integra.

2. In view of the judgment in the case of Melepurath Sankunni Ezhuthassan Vs. Thekittil Geopalankutty Nair, reported in (1986) 1 SCC 118, the right to sue does not survive with the legal representatives. Hence, the revision application is disposed of as abated.

3. Consequently, the Civil Suit No.35 of 2016 also does not survive as the sole plaintiff has died during pendency of the suit.

4. The Civil Suit No.35 of 2016 pending before the Court of Civil Judge, Senior Division, Ichalkaranji, is also abated.

5. In view of disposal of civil revision application, the interim application does not survive.

6. Disposal of the suit shall not affect the rights of legal representatives to claim any other reliefs, if are available in law.

(AMIT BORKAR, J.)