RAJU RAM Vs. JETHARAM

JUDGEMENT

(1.) The present regular first appeal has been filed against the impugned order dtd. 27/7/2022 whereby the suit of the plaintiffs itself was dismissed on the ground that the same was filed against a dead person and therefore, the provisions of Order XXII Rule 4, CPC would not be applicable to the person who has expired 14 years prior to the filing of the suit itself. While deciding the application under Order XXII Rule 4, CPC, the trial Court rejected the application and simultaneously, dismissed the suit itself. Aggrieved against the same, the present appeal has been filed.

(2.) Learned counsel for the appellants submitted that the rejection of the suit itself by the trial Court is bad as the counsel could have been accorded an opportunity to withdraw the suit in the said circumstances. The same having not been done and the suit itself been dismissed on the same date while deciding the application under Order XXII Rule 4, CPC cannot be held to be tenable.

(3.) It is clear and admitted on record that the suit was filed against a dead person and therefore, the provisions of Order XXII Rule 4, CPC could not have applied.