Delhi District Court
Smt. Kasturi vs Sh. Dhan Singh on 1 September, 2011
IN THE COURT OF CIVIL JUDGE04 (SOUTH), SAKET
COURT COMPLEX, NEW DELHI
Presided by : Ms. Vijeta Singh
Suit No. 418/10
In the matter of:
Smt. Kasturi,
W/o Sh. Babu Ram Kirar,
R/o 103/12, AmritpuriB,
Garhi (East of Kailash),
New Delhi110065. ............ Plaintiff
VERSUS
1. Sh. Dhan Singh,
S/o Sh. Babu Ram Kirar,
2. Smt. Daya,
W/o Sh. Dhan Singh,
3. Sh. Sanchin
S/o Sh. Dhan Singh,
4. Brij Mohan,
S/o Sh. Dhan Singh,
All R/o 49/6, R.R. Hospital,
Vasant Vihar, New Delhi.
5. SHO
Suit No. 418/10 1/4 pages
Kasturi Vs. Dhan Singh & Ors.
P.S. : Amar Colony,
New Delhi. .......Defendants
Date of Institution :06.06.2011
Date of Reserving of Order :27.08.2011
Date of Pronouncement of Order :01.09.2011
O R D E R
1. Vide this order this Court shall decide upon an application under Order IX Rule 4, Civil Procedure Code, 1098 filed by the counsel for the plaintiff seeking restoration of the suit.
2. The defendants chose not to file any written reply to the application and assailed the same to be not maintainable as after the death of the plaintiff, the counsel unless specifically authorized by the LRs of the plaintiff ceases to have any authority to appear and represent him. Reliance has been placed upon Order III Rule 4 (2), Civil Procedure Code, the relevant portions stipulate as under : Rule 4. Appointment of pleader. "(1) No pleader shall act for any person in any Court, unless he Suit No. 418/10 2/4 pages Kasturi Vs. Dhan Singh & Ors.
has been appointed for the purpose by such person by a document in writing signed by such person or by his recognized agent or by some other person duly authorized by or under a powerof attorney to make such appointment.
(2) "Every such appointment shall be filed in Court and shall, for the purpose of subrule (1), be deemed to be in force until determined with the leave of the Court by a writing singed by the client or the pleader, as the case may be, and filed in Court, or until the client or the pleader dies, or until all proceedings in the suit are ended so far as regards the client."
3. Reliance has also been placed upon "A.B. Ramulu (Died) Per Lrs. Vs. B. Yadigir Reddy (Died) Rep.," 1993(2)ALT425 and "Bai Pani Vankar Vs. Madhabhai Galabhai Patel" AIR 1953 Bom 356, (1953) 55 BOMLR 331, ILR 1953 Bom 965.
4. This Court has heard the Learned Counsel for both the parties and perused the material on record.
5. In the considered view of this court, Learned Counsel foe the plaintiff apprised the Court on 24.05.2011 that the plaintiff had expired. A death certificate has also been placed on record whereby it is certified that the plaintiff has expired on 23.04.2011. The fact is not in dispute. Therefore, in view of Order III Rule 4, Civil Procedure Code, the power of attorney in favour of the counsel has ceased to have effect as the plaintiff has expired. Therefore, Suit No. 418/10 3/4 pages Kasturi Vs. Dhan Singh & Ors.
the application moved by the counsel is not maintainable and is hereby dismissed.
6. The application along with the main file be consigned to records.
Announced in the open Court (Vijeta Singh) on 01.09.2011 Civil Judge04 / South District Suit No. 418/10 4/4 pages Kasturi Vs. Dhan Singh & Ors.