Madras High Court
S.Indirani vs Sri Ramakrishna Sevashramam on 8 April, 2022
1 S.A.(MD)No.419 OF 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.04.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
S.A.(MD)No.419 of 2010
P.Subbaiah (died)
1. S.Indirani
2. P.Jayaboopathy
3. S.Manikandan
4. S.Venkatesh
5. S.Rathinavel Pandian
6. Malarvizhi ... Appellants / Respondents /
Plaintiff
Vs.
1. Sri Ramakrishna Sevashramam,
Rep. By its Managing Trustee,
Srimatswami Atmananda,
4, Pasupathipalayam,
Karur Town,
Karur District.
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2 S.A.(MD)No.419 OF 2010
2. Srimatswami Muthananda,
Sivapuram,
Sukkankalpatti Post,
Chinnamanoor Via,
Theni District.
3. Sri Ramakrishna Tapovanam,
Through its Secretary,
Swami Sathyananda.
(R-3 is impleaded vide order dated 31.03.2022
made in C.M.P.(MD)No.2607 of 2022)
... Respondents / Appellants /
Defendants
Prayer: Second appeal filed under Section 100 of
C.P.C., against the Judgment and Decree dated 29.09.2009 on
the file of the Sub Court, Uthamapalayam in A.S.No.103 of
2004 reversing the Judgment and Decree dated 20.10.2003 in
O.S.No.206 of 2000 on the file of the District Munsif Court,
Uthamapalayam.
For Appellants : Mr.R.Suriyanarayanan
For R-3 : Mr.V.Ramakrishnan,
for Mr.K.Guhan.
***
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3 S.A.(MD)No.419 OF 2010
JUDGMENT
One Subbaiah filed O.S.No.206 of 2000 on the file of
the District Munsif Court, Uthamapalayam, for the relief of
declaration and recovery of possession.
2. Srimat Swami Athmanandha and Srimat Swami
Mukthanandha were shown as defendants in the said suit.
After hearing both sides, the trial Court decreed the suit as
prayed for. Aggrieved by the same, the defendants filed
A.S.No.103 of 2004 before the Sub Court, Uthamapalayam.
The first appellate Court drew adverse inference against the
plaintiff on the ground that he did not produce original
document which had been taken back in the meanwhile. In
that view of the matter, the decision of the trial Court was
reversed and the appeal came to be allowed and the said suit
was dismissed by judgment and decree dated 29.09.2009.
Challenging the same, this second appeal came to be filed.
3. In the second appeal, Sri Ramakrishna Tapovanam
https://www.mhc.tn.gov.in/judis
through its Secretary Srimat Swamy Sathyananda was
impleaded as the third respondent vide Order dated
31.03.2022. After hearing the learned counsel on either side, I
am satisfied beyond doubt that Subbaiah, the original plaintiff
had passed away on 26.09.2008 itself. Thus, when the first
appellate Court passed the impugned judgment and decree
dated 29.09.2009, Subbaiah was dead. Decree against a dead
person is a nullity in law.
4. In this view of the matter, the impugned judgment
and decree passed by the first appellate Court are set aside.
This second appeal is allowed. The matter is remanded to the
file of the first appellate Court. Since the third respondent
herein has been impleaded only in the second appeal, the
third respondent is given liberty to file written statement
before the first appellate Court. Additional issue can be
framed.The first appellate Court will give an opportunity to
the impleaded respondent herein to adduce evidence. All the
contentions of the parties are left open. The appellants herein
are directed to resubmit the exhibits which were taken back
by the original plaintiff Subbaiah by filing DRP. The parties shall appear
before the Court below on 28.04.2022. The newly impleaded respondent
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shall file written statement on or before 30.06.2022. The first
appeal shall be disposed by the first appellate Court after
giving full opportunity to the parties on either side within a
period of four months thereafter. No costs.
08.04.2022
Index : Yes / No
Internet : Yes/ No
PMU
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
To:
1. The Sub Judge,
Uthamapalayam.
2. The District Munsif,
Uthamapalayam.
3. The Record Keeper, V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN,J.
PMU
S.A.(MD)No.419 of 2010
08.04.2022
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
