PRATAP CHAND MEHTA Vs. KRISHNA DEVI MEHTA

JUDGEMENT

(1.) By this suit the plaintiff claim a decfee against Smt. Krishna Devi Mehta, sole defendant for the return of gold ornaments or in the alternative for the recovery of Rs. 5 lakhs (the market value of the property). The plaint proceeds on the following allegations :- .

(2.) That the plaintiff is the son of late Shri Ramji Lal Mehta. Shri Ramji Lal Mehta, after his death, besides immovable properties left behind the movable properties detailed in Annexure 'A'. That on 8-1-1984 Shri Ramji Lal Mehta made his last will wherein it was provoded as under :-

(3.) The application is being contested on behalf of Shri Vishwa Nath Mehta. He has also filed an application under Order 7 Rule 11 and Order 22 of the Code cr Cv)l Procedure seeking rejection of the plaint and dismissal of the suit inter alia on the grounds that the suit was filed on 5-1-1987 whereas the defeadant, Smt. Krishna Devi Mehta died on 31-10-1986 and obviously the suit had been filed after the death of the defendant. The suit against a dead person is a nullity and the name is void and is of no legal effect. It is prayed that the plaint may be rejectcd and the suit dismissed with costs.