This single-judge order dismissed an appeal by its appellant. The court held that filing an appeal against a deceased respondent without first impleading legal heirs through substitution renders the appeal a curable defect only for impleading parties during pendency, not for initiating the wrong appeal itself.
Present appeal dismissed as defective.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 25TH DAY OF OCTOBER 2021 / 3RD KARTHIKA, 1943
FAO NO. 199 OF 2019
AGAINST THE ORDER DATED 22.01.2019 IN IA 1090/17 IN OS 780/2011 OF
ADDITIONAL SUB COURT, PALAKKAD
APPELLANT/1ST RESPONDENT/1ST DEFENDANT:
HANEEFA, AGED 54 YEARS,
S/O. YOSUF ROWTHER, ALAPPARADI, BEMMANIYUR, MANIYAPPARA, KUTHANUR,ALATHUR, PALAKKAD
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/PETITIONERS/RESPONDENTS 2 TO 10/PLAINTIFFS/DEFENDANTS 2 TO 10:
1 RAHMATH, AGED 61 YEARS,W/O. MUHAMMED ISMAIL, CHETTUPARAMBIL VEEDU, THENKURISSI, PALAKKAD-678 671
FAO NO. 199 OF 2019 2
PALAKKAD-678 594 9 ABUTHALI,AGED 34 YEARS, S/O. HANEEFA, KARAKKAD HOUSE, KAMBA, VALLIKODE P.O., PALAKKAD-678 594 10 SALEEM,AGED 30 YEARS, S/O. HANEEFA, KARAKKAD HOUSE, KAMBA, VALLIKODE P.O., PALAKKAD-678 594 11 SAMEENA, AGED 28 YEARS, S/O. HANEEFA, KARAKKAD HOUSE, KAMBA, VALLIKODE P.O., PALAKKAD-678 594
R1,2,4,5,6,7,8,10 & 11 BY ADVS. SRI.JACOB SEBASTIAN SRI.K.V.WINSTON SMT.ANU JACOB THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR HEARING ON 25.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
FAO NO. 199 OF 2019 3
JUDGMENT
Prior to the institution of this appeal, one of the respondents (3rd respondent) passed away. The appeal was filed against the said dead person also. It is not a curable defect, by impleading the legal heirs. Legal heirs can be brought on record when one of the parties to the appeal passed away during its
pendency. Hence, the proper course is to file an appeal by impleading the legal heirs of the deceased 3rd respondent by substitution. Without prejudice to
the right of the appellant to file a fresh proper appeal, the present appeal is hereby dismissed as defective.
Sd/-
P.SOMARAJAN
JUDGE
msp
2 issues framed by the court
Whether an appeal filed against a deceased party without impleading legal heirs can be considered valid and curable.
Whether the defect of impleading legal heirs of a deceased respondent can be cured during pendency of the appeal
HANEENA
RAHMATH
BADHARUNEESA
SARA
SALUDEEN
MUSTHAFA
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
