SUBHADRAMMA Vs. M RAMACHANDRA REDDY

JUDGEMENT

(1.) Revision petitioners are the legal representatives of late M.S. Narayana Reddy, who was the defendant in O.S. 291/1985 on the file of the Principal District Munsif, Punganur. The trial Court decreed the suit filed by the plaintiff for damages against late Narayana Reddy.

(2.) Aggrieved by the judgment and decree of the trial Court, late Narayana Reddy filed A.S.No. 74/1994 on the file of the Additional District Judge, Madanapalle. During the pendency of the appeal, the appellant Narayana Reddy died. Legal representatives of Narayana Reddy filed a petition in I.A.No. 45/1996 under Order 22 Rule 3 of the Code of Civil Procedure seeking to come on record as the legal representatives of the deceased-sole defendant. The petitioners contended that their father was the appellant in A.S. 74/1994 and he died on 22-9-1995 leaving behind the proposed legal heirs. It is their contention that they succeeded to the properties of the deceased and that they are necessary and proper parties to prosecute the appeal as the legal heirs of the deceased appellant-Narayana Reddy.

(3.) The respondent resisted the petition and contended that the suit was filed for damages against the deceased appellant in his personal capacity and a decree was obtained in the lower Court. In view of the death of the appellant, the appeal abated and the cause of action does not survive. The lower appellate Court relied on the maxim 'Actio personalis moritur cum persona' and held that the right to sue does not survive and dismissed the petition.