Case Note & Summary
The petitioners, Smt. Muniyamma (wife) and her three sons (C. Sandeep Babu, Chandrashekar @ C. Chetan, and C. Muniraju @ Madhusudan), challenged the order dated 29.3.2012 passed by the Chief Judicial Magistrate, Bangalore Rural District, in C.Misc.No.32/2012. The Magistrate had directed the entry of the date of death of Sri Devaiah @ Devegowda as 24.2.1970 and the issuance of a death certificate. The first respondent, Devegowda (another son of the deceased), had filed the application under Section 13(3) of the Registration of Births and Deaths Act, 1969, seeking a direction to the Tahsildar to record the death of his father. He claimed that he had not intimated the death earlier as he believed the hospital authorities would have done so. The application was filed on 21.3.2012, and the Magistrate issued hand summons to the Tahsildar only. On 26.3.2012, the Tahsildar was placed ex-parte, and the first respondent filed an affidavit of examination-in-chief. The Magistrate passed the impugned order without issuing any notice to the petitioners, who are the wife and other sons of the deceased. The petitioners contended that they were necessary and proper parties as the entry of death would affect their rights, including succession and property rights. The High Court held that the Magistrate ought to have issued notice to the petitioners before passing the order, as they were interested persons. The ex-parte order was vitiated for violation of principles of natural justice. Consequently, the court quashed the impugned order and the death certificate, and remitted the matter back to the Magistrate for fresh consideration after issuing notice to all interested parties, including the petitioners. The court directed the Magistrate to dispose of the application within three months from the date of receipt of the order.
Headnote
A) Civil Procedure - Natural Justice - Notice to Interested Parties - Registration of Births and Deaths Act, 1969, Section 13(3) - The Magistrate passed an ex-parte order directing registration of death without notice to the wife and children of the deceased, who were necessary and proper parties. Held that such an order is vitiated for violation of principles of natural justice and must be set aside. (Paras 5-6)
B) Registration of Births and Deaths - Section 13(3) - Ex-parte Order - The application under Section 13(3) was filed by the son of the deceased seeking direction to enter date of death. The Magistrate issued hand summons to the Tahsildar only and proceeded ex-parte without impleading or notifying other legal heirs. Held that the order cannot be sustained as it affects the rights of the petitioners. (Paras 3-6)
Issue of Consideration
Whether the Chief Judicial Magistrate could pass an order under Section 13(3) of the Registration of Births and Deaths Act, 1969 directing entry of death without issuing notice to the petitioners who are the wife and children of the deceased and who would be affected by such entry.
Final Decision
The High Court allowed the writ petitions, quashed the impugned order dated 29.3.2012 and the death certificate dated 28.11.2012, and remitted the matter back to the Chief Judicial Magistrate for fresh disposal after issuing notice to all interested parties, including the petitioners. The Magistrate was directed to dispose of the application within three months from the date of receipt of the order.
Law Points
- Principles of natural justice
- Notice to interested parties
- Ex-parte order
- Section 13(3) Registration of Births and Deaths Act
- 1969
Case Details
2013 LawText (KAR) (06) 17
Writ Petition Nos.50331 to 50334/2012 (GM-RES)
Sri C.M. Nagabhushana (for petitioners), Sri Sajjan Poovaiah, Addl. Adv. General for Sri Nasrulla Khan, HCGP for R2 and R4, Sri B.V. Muralidhar (for R3)
Smt. Muniyamma, C. Sandeep Babu, Chandrashekar @ C. Chetan, C. Muniraju @ Madhusudan
Devegowda, The Tahsildar, The Registrar of Births and Deaths, The State of Karnataka
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India challenging the order of the Chief Judicial Magistrate directing entry of death and issuance of death certificate.
Remedy Sought
Quashing of the Magistrate's order dated 29.3.2012 and the death certificate dated 28.11.2012.
Filing Reason
The petitioners, being the wife and children of the deceased, were not given notice or opportunity of hearing before the Magistrate passed the ex-parte order directing registration of death, which affects their rights.
Previous Decisions
The Chief Judicial Magistrate, Bangalore Rural District, passed an ex-parte order on 29.3.2012 in C.Misc.No.32/2012 directing entry of death of Devaiah @ Devegowda as 24.2.1970 and issuance of death certificate.
Issues
Whether the Magistrate could pass an order under Section 13(3) of the Registration of Births and Deaths Act, 1969 without issuing notice to the wife and children of the deceased who are interested parties.
Whether the ex-parte order is vitiated for violation of principles of natural justice.
Submissions/Arguments
The petitioners argued that they are the wife and children of the deceased and were necessary and proper parties to the proceedings before the Magistrate. The order was passed without any notice to them, violating principles of natural justice.
The first respondent contended that he had not intimated the death earlier as he believed hospital authorities would have done so. He sought direction for registration of death.
Ratio Decidendi
An order under Section 13(3) of the Registration of Births and Deaths Act, 1969 directing entry of death cannot be passed without issuing notice to the wife and children of the deceased, who are interested persons and whose rights may be affected. Such an ex-parte order is vitiated for violation of principles of natural justice.
Judgment Excerpts
The petitioners are the wife and children of late Devaiah @ Devegowda. The first respondent is also the son of the said Devaiah @ Devegowda.
The Magistrate ought to have issued notice to the petitioners before passing the order. The order has been passed without notice to them. Therefore, the impugned order is vitiated for violation of principles of natural justice.
Accordingly, the impugned order at Annexure 'A' dated 29.3.2012 and the death certificate at Annexure 'B' dated 28.11.2012 are quashed.
Procedural History
The first respondent filed an application under Section 13(3) of the Registration of Births and Deaths Act, 1969 on 21.3.2012 before the Chief Judicial Magistrate, Bangalore Rural District. The Magistrate issued hand summons to the Tahsildar on the same day. On 26.3.2012, the Tahsildar was placed ex-parte, and the first respondent filed an affidavit of examination-in-chief. The Magistrate passed the impugned order on 29.3.2012 directing entry of death and issuance of death certificate. The petitioners filed writ petitions before the High Court challenging the order.
Acts & Sections
- Registration of Births and Deaths Act, 1969: 13(3)
- Constitution of India: 226, 227
