KISHANLAL RAMANAND Vs. RUKMINIBAI MOLCHAND

JUDGEMENT

(1.) THIS is a revision directed against order dated 2nd February, 1978 whereby amendment in the cause title has been permitted to be amended with respect to the description of the defendant.

(2.) FACTS essential for decision of this revision are that in the plaint the defendant was described as under : "ramanand Kishanlal, aged 60 years resident of 110, Lodhipura, Indore". The trial Court non-suited the plaintiff on the ground1 that Ramanand kishanlal, aged 60 years- was already dead" before the institution of the suit and as such plaint was void having been instituted against a dead man.- This led" to the filing of an appeal by the plaintiff-non-applicant. During the pendency of the appeal the plaintiff reiterated his submission reagarding: amendment of the description of the defendant. This prayer found favour with the appellate Court and the appellate has directed substitution of the name of Kishanlal s/o Ramanand, resident of 110, Lodhipura, Indore and remanded the case for trial in accordance with law. Aggrieved with this remand order the present revision has been filed,

(3.) IN this revision Shri R. R. Waghmare, learned counsel for the defendant-applicant contended that the suit having been instituted against a dead person no substitution could be ordered as has been directed by learned addl. District Judge. Reliance has been placed on the ratio of C. Muttu v. Bharath Match Works (AIR 1964 Mysore 293) and Jogindar Singh v. Krishan Lal (A I R 1977 Punjab 180), Shri P. M. Bafana, learned counsel for the plaintiff-non-applicant argued in support of the impugned order and contended that there is no difference between- a suit filed in the name of a dead defendant and one filed in the name of a wrong, person as defendant. Reliance is placed on the ratio of Karimullah Khan v. Bhanu Pratap Singh (AIR 1938 Nagpur 458) and Rangrao Vyankatesh Deshpande v. Kashinath dhoudu (1946 N L J 492 = A I R 1947 Nagpur 73 ).