Case Note & Summary
The petitioners filed Civil Miscellaneous Petitions under Section 151 of the Code of Civil Procedure, 1908, seeking to accept cause titles, and Writ Appeals under Clause 15 of the Letters Patent against orders dated 11.12.2024 passed in W.P.(MD)Nos.26981, 26982 & 26983 of 2024. The sole ground raised was that the seventh respondent in the writ petitions had died when the final orders were passed, which was not taken note of by the Writ Court. The High Court, comprising Justice M.S.Ramesh and Dr. Justice A.D.Maria Clete, observed that this omission on the part of the learned counsels in failing to bring the death to the notice of the Writ Court could only be re-apprised before the same Writ Court and cannot be a subject matter of an appeal. Consequently, the court dismissed the Civil Miscellaneous Petitions with liberty to file Review Applications, and rejected the connected Writ Appeals at the SR stage itself. No order as to costs.
Headnote
A) Civil Procedure - Review vs Appeal - Omission to bring death of party to court's notice - The petitioners sought to appeal against a writ court order on the ground that the seventh respondent had died before the order was passed, which was not brought to the court's notice. The High Court held that such omission must be re-apprised before the same writ court and cannot be a subject matter of an appeal. The court dismissed the civil miscellaneous petitions and rejected the writ appeals at the SR stage, granting liberty to file review applications. (Paras 2-3)
Issue of Consideration
Whether the failure of counsel to inform the Writ Court about the death of a respondent during the pendency of the writ petition can be a valid ground for filing an appeal against the writ court's order.
Final Decision
Civil Miscellaneous Petitions dismissed with liberty to file Review Applications. Connected Writ Appeals rejected at SR stage. No order as to costs.
Law Points
- Civil Procedure Code
- 1908
- Section 151
- Omission to bring death of party to court's notice cannot be ground for appeal
- Remedy lies in review before same court
Case Details
2025 LawText (MAD) (01) 22
C.M.P.(MD)Nos.1078 to 1080 of 2025 and W.A.(MD)SR.Nos.2635, 2637 & 2636 of 2025
M.S.RAMESH, A.D.MARIA CLETE
D.Nallathambi, S.R.A.Ramachandran
James, Princes Mercy Daniel (Died), Lejisha, Sebina, Leenus
T.Veerashingh Raja, V.Jeyarani, V.Saraswathi, The Chairman Taluk Legal Services Committee, The District Registrar Registration Department, The Sub Registrar Registration Department, The Inspector of Police
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Nature of Litigation
Civil Miscellaneous Petitions under Section 151 CPC to accept cause titles and Writ Appeals under Clause 15 of Letters Patent against orders in writ petitions.
Remedy Sought
Petitioners sought acceptance of cause titles in CMPs and setting aside of orders dated 11.12.2024 in writ petitions through appeals.
Filing Reason
The seventh respondent in the writ petitions died when final orders were passed, which was not brought to the notice of the Writ Court.
Previous Decisions
Orders dated 11.12.2024 passed in W.P.(MD)Nos.26981, 26982 & 26983 of 2024 by the Writ Court.
Issues
Whether the omission to inform the Writ Court about the death of a respondent can be a ground for appeal.
Submissions/Arguments
Petitioners argued that the seventh respondent died before the final orders were passed and the Writ Court did not take note of it.
Ratio Decidendi
The omission of counsel to bring the death of a party to the notice of the Writ Court must be re-apprised before the same Writ Court and cannot be a subject matter of an appeal.
Judgment Excerpts
We are of the view that this omission on the part of the learned Counsels in failing to bring to the notice of the Writ Court can be re-apprised only before the same Writ Court and cannot be a subject matter of an appeal for maintaining the appeal.
Accordingly, these Civil Miscellaneous Petitions are dismissed, with liberty to the petitioners to file Review Applications. Consequently, the connected W.A.(MD)SR.Nos.2635, 2637 & 2636 of 2025 are rejected at the SR stage itself.
Procedural History
The petitioners filed writ petitions which were disposed of on 11.12.2024. Subsequently, they filed Civil Miscellaneous Petitions under Section 151 CPC and Writ Appeals under Clause 15 of Letters Patent, which were heard together and disposed of by this common order on 30.01.2025.
Acts & Sections
- Code of Civil Procedure, 1908: 151
