Madras High CourtCRP/3756/2019dismissed as infructuous

Cosmopolitan Club v. S.M.Kumar

2023-06-13Honourable Mr Justice N. Seshasayee3 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.06.2023

CORAM

MR.JUSTICE N.SESHASAYEE Cosmopolitan Club, Madras Rep. by its Secretary, No.63, Anna Salai, Chennai-600 002.

... Petitioner Vs.

S.M.Kumar ... Respondent Prayer: Petition filed under Article 227 of the Constitution of India, seeking to set aside the order dated 27.08.2019 made in I.A.No.2362 of 2018 in O.S.No.5892 of 2017 on the file of the III Assistant City Civil Judge, Chennai.

For Petitioner : M/s.S.Magarani For Respondent : No Appearance

ORDER

This Civil Revision Petition arises against an order dismissing the application in I.A.No.2362 of 2018 in O.S.No.5892 of 2017, filed by

the revision petitioner for rejection of plaint under Order VII Rule 11 (a) C.P.C. The suit is laid for a declaration that the removal of the respondent from the revision petitioner's club is null and void. 2.Today, the learned counsel for the revision petitioner makes a statement that the respondent / plaintiff has passed away. Since the right involved is non heritable, the suit itself has become infructuous.

3. In view of the above submission, this Civil Revision Petition is dismissed as having become infructuous. No Costs. Consequently, connected Miscellaneous Petition is closed.

13.06.2023 Anu Index : yes / no Internet : yes / no Speaking / non speaking Copy to:

The III Assistant City Civil Judge, Chennai

N.SESHASAYEE Anu 13.06.2023