Whether court can grant declaration of civil death of person who is missing for seven years?
committed serious error in law, which has resulted into miscarriage of
justice to the appellants, which must be corrected. In that view of the
matter, the question framed by me above, is answered in the
affirmative.
10. To sum up, following order is inevitable.:
ORDER
a) Second Appeal No.18/2016 is allowed.
b) Impugned judgment and decree dated 2.9.2015 passed by Joint
Civil Judge, Jr.Dn. Nagpur in R.C.S. No.376/2015 and judgment and
decree dated 31.10.2015 passed by District Judge8, Nagpur in Regular
Civil Appeal No.448/2015, both are set aside.
c) There shall be a decree in terms of prayer clause (2) of the suit
which is reproduced below :
(2) Declare that the defendant Shri Abhay s/o
Purushottam Deshmukh as a dead person and his
death is civil death as he is missing from 16.3.2008
and issue death certificate.”
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
SECOND APPEAL NO. 18/2016
Sou. Swati w/o Abhay Deshmukh
v
Shri Abhay s/o Purushottam Deshmukh
CORAM : A.B.CHAUDHARI, J.
DATED : 26th February, 2016
https://www.lawweb.in/2017/04/whether-court-can-grant-declaration-of.html
