Narpatsingh Dadha Vs. Gokuldas and ors. - Court Judgment

Excerpt:

civil - power of high court - section 115 of code of civil procedure,1908 - petitioner died on date of hearing and disposal of revision petition - whether death of petitioner made judgment of high court invalid - death of party did not affect high court's power of revision under section 115 - held, validity of judgment cannot be questioned. - order1. this pertains to a revision wh(sic) we have disposed of, and it is stated that the date of its hearing and disposal, the petitioner died. the question of the death of the petitioner does not- in any way make our judgment invalid for the reason that it is a revision under section 115, c p c. in which the high court can even suo motu call for the records and dispose of it after examining them and satisfying itself that the lower court's order does not suffer from any infirmity specified in section 115 we do not think that the death of a party affects the high court's power of revision and hence the validity of the judgment cannot be questioned.2. the petition is dismissed

Judgment:

ORDER

1. This pertains to a revision wh(sic) we have disposed of, and it is stated that the date of its hearing and disposal, the petitioner died. The question of the death of the petitioner does not- in any way make our judgment invalid for the reason that it is a revision under Section 115, C P C. in which the High Court can even suo motu call for the records and dispose of it after examining them and satisfying itself that the lower Court's order does not suffer from any infirmity specified in Section 115 We do not think that the death of a party affects the High Court's power of revision and hence the validity of the judgment cannot be questioned.

2. The petition is dismissed