KIMTILAL Vs. UNDU KUNDRA

JUDGEMENT

(1.) This revision petition arises from an order passed by the trial Court in divorce petition No. 530/88 - titled Shri Kimti Lal vs. Smt. Indu Kundra.

(2.) The divorce petition was Filed by the husband Shri Kimti Lal against his wife Smt. Indu Kundra on the ground of cruelty. During the pendency of the divorce petition Shri Kimti Lal died. When the divorce petition came up before the trial Court on 20.5.1998 learned counsel for the petitioner/husband submitted that the petitioner had expired. Hence the trial court dismissed the divorce petition observing that as the petitioner had expired the cause of action did not survive. A legal representative of late Shri Kimti Lal has filed this revision petition challenging the order of the trial court dismissing the divorce petition.

(3.) According to the revision petitioner the trial court ought to have continued with the proceedings in the divorce petition notwithstanding the death of the petitioner/husband. In support of this contention learned counsel for the petitioner relied on the judgment of the Hon'ble Supreme Court in Smt. Yallawwa vs. Smt. Shantama (JT 1996 (9) S.C. 218). I have considered the said judgment and I find that the said judgment does not in any way support the case of the petitioner. In my view the said judgment is against the petitioner.