SURINDERJEET Vs. KRISHNA

JUDGEMENT

(1.) Present civil revision has been filed challenging the order dtd. 11/1/2023 (Annexure P-1) passed by the trial Court by which the application filed under Order 7 Rule 11 of the CPC moved by petitionerdefendant No.5 has been dismissed.

(2.) Learned counsel for the petitioner argues that the suit was filed by the respondent-plaintiff by impleading defendant No.2 who had already died on 23/10/2022 much before the filing of the suit in question and therefore, as no suit is maintainable against a dead person, the present suit is liable to be rejected even against the other defendants also who were very much alive and had been served.

(3.) Learned counsel for the petitioner submits that the application filed by the petitioner-defendant No.5 under Order 7 Rule 11 of the CPC has wrongly been rejected by the Court below. Learned counsel for the petitioner further submits that keeping in view the settled principle of law settled by the Coordinate Bench of this Court in CR No.7685 of 2009 titled as Nachhattar Singh vs. Darshan Singh and others, decided on 3/8/2010, the suit filed against the dead person is not maintainable and the said suit could only have been allowed to be withdrawn with liberty to file a fresh one. I have heard learned counsel for the petitioner and have gone through the record with his able assistance.