SHAIK KHADER HUSSAIN Vs. V T DASSDIED

JUDGEMENT

(1.) The petitioner herein is the 6th defendant in OS No.8 of 1998 pending on the file of the Additional District Judge, Madanapalle. Originally the suit was filed by one V.Y. Dass against the petitioner herein and other defendants. On presentation of the plaint, the Office raised certain objections and the plaint was returned to the plaintiff Mr. V. Y, Dass for complying with the office objections. But before the office objections could be complied with, Mr. V.Y. Dass died and therefore the respondents 2 to 5 herein came on record as the plaintiffs and they were allowed to prosecute the suit. Hence the revision.

(2.) it was the contention of the learned Counsel for the petitioner herein that on the death of Mr. V.Y. Dass, his legal representatives did not file any petition to come on record. They also did not file-any petition to set aside the abatement and therefore it was a wrong order on the part of the Addl. District Judge, Madanapalle, to allow the respondents 2 to 5 to prosecute the suit.

(3.) This Court is not in agreement with the submission made by the learned Counsel. When Mr. KK Dass filed the suit, it was defective and therefore it was returned. The said presentation of the suit is no legal presentation and it cannot be said that Mr. V.Y. Dass had filed a suit against the defendants. Before complying with the office objections, Mr. V.Y. Dass died. The entire property which is in dispute was inherited by respondents 2 to 5 herein and as the plaintiffs they filed the independent suit. The suit now filed before this Court has no nexus with the defective suit filed by Mr. V.Y. Dass.