Declaration of civil death of person missing for seven years
The court concluded that the very object of the declaration was only to have the substantive relief of declaration that the Plaintiff was the only heir of her son and as such the absolute owner of the suit schedule properties which constitute the main and substantial relief and the declaration of civil death being almost merely incidental. It stated that the order of the trial Court was right. Hence, second appeal dismissed.
The relief claimed is not simplicitor for a declaration about the civil death of Ramalingam the son the Plaintiff in this case. Though the relief of declaration of the right of the Plaintiff as heir to the deceased son Ramalingam was sought for as a consequence, a reading of the case projected in the plaint would go to show that the very object of the declaration is only to have the substantive relief of declaration that the plaintiff is the only heir of her son and as such the absolute owner of the suit schedule properties which constitute the main and substantial relief and the declaration of civil death being almost merely incidental, and the language employed being the word 'consequential' does not in any manner detract from the declaration of property rights of the plaintiff being the main and substantial relief. Viewed thus, the challenge made to the nature of relief sought for and granted does not in any manner suffer from the infirmities sought to be attributed on behalf of the appellant. The challenge made on behalf of the appellant, relying upon the manner of declaration of civil death being asked for in the beginning of the relief portion cannot be given undue emphasise to non-suit the plaintiff in the present proceedings and accepting such a submission would amount to abrogating the principles of justice and fair play and allowing technicalities of form to overtake and defeat the ends of Instive for getting the real role of courts as the administrators of which, for which alone the courts do exist.
Madras High Court
Balambal vs Kannammal Alias Pazhaniammal ... on 14 October, 1996
Equivalent citations: (1997) 1 MLJ 181
https://www.lawweb.in/2013/06/declaration-of-civil-death-of-person.html
