NIRMALA R. Vs. H. N. VENKATACHALA

JUDGEMENT

(1.) This revision petition is filed under Sec. 151 of Code of Civil Procedure (for short, 'CPC') by the petitioner/defendant No.1 challenging the order dtd. 31/7/2015 passed by the 9th Additional City Civil and Sessions Judge, Bangalore in O.S.No.2060/2008 whereby the application filed by the defendant No.1 under Order 22 Rule 5 is rejected.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the trial court.

(3.) The plaintiff filed a suit for declaration to declare that the gift deed dtd. 16/3/2006 executed by the plaintiff (Smt.Nagarathnamma) in favour of defendant No.1 is null and void and other consequential relief. During the pendency of the suit, Nagarathnamma died. Counsel for the plaintiff filed a memo stating that the legal representatives of the deceased Nagarathnamma are already on record and they may be treated as legal representatives of deceased plaintiff. The defendant No.1 filed an application under Order 22 Rule 5 of CPC praying to declare that the suit is abated due to the death of Smt.Nagarathnamma. The trial court, by the impugned order, has held that since the plaintiff No.2 is a party in the suit, the suit does not abate. By considering the application, the trial court made an observation that the plaintiff No.2 is the adopted son of plaintiff No.1 - Nagarathnamma. Being aggrieved by the same, defendant No.1 has filed this revision petition.