Madras High Court
Elred Kumar vs M/S.United Commercial Bank on 1 July, 2022
C.R.P(PD) No.2032 of 2022 and
C.M.P.No.10427 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2022
CORAM
THE HONOURABLE MS. JUSTICE R.N.MANJULA
C.R.P (PD).No.2032 of 2022 and
C.M.P.No.10427 of 2022
Elred Kumar ... Petitioner
Vs.
S.Shanmugham (died)
1.M/s.United Commercial Bank,
Rep. by its Senior Manager,
Chennai – 600 001.
2.Annai Builders Real Estate Pvt. Ltd.,
Rep. by its Managing Director,
No.76, Medavakkam Main Road,
Madipakkam, Chennai 600 091.
3.State Bank of India,
Local Head Office and carry business at
Kariveppalankurichi Branch,
Rep. by its Manager.
4.State Bank of India,
Vridhachalam Branch,
Rep. by its Manager.
1/8
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C.R.P(PD) No.2032 of 2022 and
C.M.P.No.10427 of 2022
5.United Commercial Bank,
Rep. by its Manager,
No.212, Mount Road, Chennai 600 006.
6.Allahabad Bank,
No.112, Thyagaraya Road,
T.Nagar, Chennai 600 017.
7. Dena Bank,
Rep. by its Manager,
No.1, Thanickachalam Street,
T.Nagar, Chennai 600 017.
8. State Bank of India,
Rep. by its Manager,
No.22, Arcot Street,
T.Nagar, Chennai 600 017.
9.Central Bank of India,
Rep. by its Manager,
No.803, Anna Salai,
Chennai 600 002.
10.Catholic Syrian Bank,
Rep. by its Manager,
Rani Seethai Hall,
No.603, Anna Salai,
Chennai 600 006.
11.United Commercial Bank,
Rep. by its Manager,
No.67, Burkit Road,
T.Nagar, Chennai 600 017.
2/8
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C.R.P(PD) No.2032 of 2022 and
C.M.P.No.10427 of 2022
12.Mrs.Gajalakshmi
13.Mr.Palani
14.Mr.Manivannan
15.Mrs.Kalaivani ... Respondents
Prayer: Civil Revision Petition filed under Section 115 of C.P.C., to set aside
the order dated 03.06.2022, passed in I.A.No.99 of 2017 in A.S.No.2 of 2014,
on the file of the Subordinate Court, Tambaram.
For Petitioner : Mr.T.M.Mano
ORDER
This revision petition has been filed to set aside the order dated
03.06.2022, passed in I.A.No.99 of 2017 in A.S.No.2 of 2014, on the file of the
Subordinate Court, Tambaram.
2. Heard the learned counsel for the petitioner.
3. The revision petitioner is the appellant and the plaintiff in the suit.
The suit has been filed for declaration of the sale certificate dated 12.07.2006
executed by the second respondent in favour of the third respondent is null and
void and for other reliefs. The said suit was dismissed and thereafter, an appeal
was filed and the same is pending. During the pendency of the appeal, the
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C.R.P(PD) No.2032 of 2022 and
C.M.P.No.10427 of 2022
revision petitioner filed an application to implead the legal heirs of the first
respondent and the same was dismissed. Aggrieved over that, this civil revision
petition has been preferred.
4. The learned counsel for the petitioner submitted that since he was
not aware of the death of the first respondent who was the first defendant in the
suit, he had filed an application to implead his legal heirs at the appellate stage;
the learned Trial Judge without realising the necessity to implead the legal
heirs of the deceased party, had chosen to dismiss the same; hence, the order
should be reversed.
5. It is seen that the revision petitioner had chosen to challenge the
proceedings which have been taken under SARFAESI Act and the sale
certificate issued in favour of the auction purchaser during SARFAESI
proceedings. Fundamentally, the filing of the suit itself is barred under Section
34 of the SARFAESI Act. It seems some how the suit was taken on file and a
judgment has also been passed. Be it as may be, the case records show that the
first defendant died even when the suit was pending, but, the plaintiff did not
take any steps to implead his legal heirs. The learned Trial Judge has made an
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C.R.P(PD) No.2032 of 2022 and
C.M.P.No.10427 of 2022
observation that the attempt to implead the legal heirs of the deceased first
respondent during the appellate proceedings, is just a delay making tactics.
6. By efflux of time, the suit filed against the first defendant would
have got abated, even if it is presumed for the sake of argument that the suit is
maintainable before the Civil Court. The decree if any passed in the suit in
favour of the revision petitioner in the appellate proceedings would only be
binding more on the other defendants than the deceased first respondent.
Because the claim of the revision petitioner is that the deceased first respondent
has sold the suit property in his favour prior to the SARFAESI proceedings.
Neither the legal heirs of the first respondent had denied the sale in favour of
the revision petitioner. Hence, even without the presence of the legal heirs of
the deceased first respondent, the proceedings can be disposed effectively.
Therefore, I find no reasons for interference in the order passed by the learned
Trial Judge.
7. Accordingly, this civil revision petition stands dismissed and the
order passed by the Subordinate Court, Tambaram, in I.A.No.99 of 2017 in
A.S.No.2 of 2014, dated 03.06.2022, is confirmed. No costs. Consequently,
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C.R.P(PD) No.2032 of 2022 and
C.M.P.No.10427 of 2022
connected miscellaneous petition is closed.
01.07.2022
Index : Yes/No
Speaking or Non-speaking order
gsk
To
1.The Senior Manager,
M/s.United Commercial Bank,
Chennai – 600 001.
2.The Managing Director,
Annai Builders Real Estate Pvt. Ltd.,
No.76, Medavakkam Main Road,
Madipakkam, Chennai 600 091.
3.The Manager,
State Bank of India,
Local Head Office and carry business at
Kariveppalankurichi Branch.
4.The Manager,
The State Bank of India,
Vridhachalam Branch,
5.The Manager,
United Commercial Bank,
No.212, Mount Road, Chennai 600 006.
6.The Allahabad Bank,
No.112, Thyagaraya Road,
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C.R.P(PD) No.2032 of 2022 and
C.M.P.No.10427 of 2022
T.Nagar, Chennai 600 017.
7. The Manager,
Dena Bank,
No.1, Thanickachalam Street,
T.Nagar, Chennai 600 017.
8.The Manager,
State Bank of India,
No.22, Arcot Street,
T.Nagar, Chennai 600 017.
9.The Manager,
Central Bank of India,
No.803, Anna Salai,
Chennai 600 002.
10.The Manager,
Catholic Syrian Bank,
Rani Seethai Hall,
No.603, Anna Salai,
Chennai 600 006.
11.The Manager,
United Commercial Bank,
No.67, Burkit Road,
T.Nagar, Chennai 600 017.
R.N.MANJULA, J.
https://www.mhc.tn.gov.in/judis
C.R.P(PD) No.2032 of 2022 and
C.M.P.No.10427 of 2022
gsk
C.R.P(PD) No.2032 of 2022 and
C.M.P.No.10427 of 2022
01.07.2022
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