1961 (3) TMI 114 - HC - Indian Laws

Summary

Issues:
1. Application under S. 153, C.P.C. for bringing legal representatives of deceased plaintiff in Second Appeal.
2. Validity of appeal when respondent is deceased at the time of filing.
3. Interpretation of S. 153, C.P.C. in case of appeal against a deceased respondent.
4. Consequences of failure to inform the court about respondent's death.
5. Amendment of Appeal Memo under S. 153, C.P.C.
6. Merits of the appeal regarding possession of property and consideration under Exhibit 27.
7. Preclusion of oral evidence under S. 91 of the Indian Evidence Act.
8. Prohibition on raising new contentions in Second Appeal.

Analysis:

1. The judgment addresses an application under S. 153, C.P.C. to bring the legal representatives of a deceased plaintiff in a Second Appeal. The appellant sought to substitute the deceased plaintiff with their legal representatives. The lower appellate court had dismissed a similar application, citing Order XXII Rule 6 C.P.C. The High Court considered conflicting views on the validity of an appeal when the respondent is deceased at the time of filing.

2. The court deliberated on the validity of the appeal when the respondent is deceased before the appeal is filed. It examined precedents from different High Courts, including Madhya Bharat and Madras, to determine whether the legal representatives can be brought on record post the respondent's death. The court discussed the application of S. 153, C.P.C. in such scenarios and the scope for amending the Appeal Memo.

3. The judgment highlighted the importance of timely disclosure of the respondent's death to the court. It emphasized that failure to inform the court about the respondent's demise could have consequences on the appeal process. The court opined that the appellant, who failed to disclose the death of the respondent, should not benefit from this default.

4. The court, after considering the arguments and precedents, allowed the amendment of the Appeal Memo under S. 153, C.P.C. to include the legal representatives of the deceased plaintiff. This decision was based on the interpretation of relevant legal provisions and previous court decisions.

5. Moving to the merits of the appeal, the court discussed the contentions regarding possession of property and consideration under Exhibit 27. It acknowledged the findings of the lower courts on factual matters and the limitations on introducing oral evidence in such cases.

6. The judgment also addressed a new contention raised during the appeal regarding the defendant's status as a tenant under the Bombay Tenancy and Agricultural Lands Act. The court ruled against permitting this new argument, as it was not raised in the written statement.

7. Finally, the Second Appeal was dismissed on the grounds discussed, and costs were awarded. The judgment concluded with the dismissal of the appeal.

This detailed analysis covers the various legal issues addressed in the judgment, providing a comprehensive overview of the court's reasoning and decisions.