Judgment · High Court
Case at a glance
Outcome
Disposed of
decided in the main suit, this application is disposed off as closed
Provisions considered
Judgment
Applicant/Defendant that the sole defendant in the suit died on
12.06.2012 and the same has been intimated to the learned counsel for the plaintiff, vide letter dated 14.09.2016, he further submitted that the details such as, names and addresses of the legal heirs, viz., the three sons of the deceased defendant were given to the respondent/plaintiff. Based on the same, the learned counsel for the plaintiff has taken out the applications vide Diary Nos.38047, 38048, 38049 of 2016.
#3. Be that as it may. It is not in dispute that, rejection of plaint, Application in I.A.No.7005 of 2010 has been filed under Order VII Rule 11(d) of CPC, primarily on the issue of limitation which is mostly a mixed questions of fact and law. M.SUNDAR, J. 2 4. It is fairly submitted by the learned counsel for the defendant, who now undertakes to file vakkalat on behalf of the legal heirs of the erstwhile defendant that this issue can be thrashed out in the main suit. Therefore, without expressing any opinion whatsoever on limitation, leaving all questions raised in this reject the plaint application to be decided in the main suit, this application is disposed off as closed.
18.10.2016 Appl.No.7005 of 2010 C.S.No.864 of 2007 3 C.S.No.864 of 2007 M.SUNDAR, J. It is informed by Mr.Naresh Vasudhevan, the learned representing counsel for Mr.K.G.Vasudev, learned counsel for defendant that the sole defendant died on 12.06.2012 and the same has been informed to the counsel for the plaintiff vide letter dated 14.09.2016, he further submitted that the details such as, names and addresses of the legal heirs, viz., the three sons of the deceased defendant were given to the respondent/plaintiff. Based on the letter dated
14.09.2016, the learned counsel for the plaintiff has taken out three applications vide Diary Nos. 38047, 38048, 38049 of 2016 for various necessary reliefs, such as, condonation of delay, setting aside the abatement and for bringing on record the proposed respondents.
#2. It is also informed across the Bar by the learned counsel for the plaintiff that the Registry is insisting for the production of death certificate and legal heir certificate, for assigning numbers and taking these applications on file. M.SUNDAR, J. 4
#3. Considering the content of the communication dated
14.09.2016 and also taking into account the fact that the learned counsel for the erstwhile sole defendant undertakes to file vakkalat for the legal heirs of the deceased, the Registry is directed to number the above said three applications if it is otherwise in order and if no other compliances are required. Post on 21.10.2016. 18/10/2016 (2/2) C.S.No.864 of 2007
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: decided in the main suit, this application is disposed off as closed
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.