Narayana Gounder v. a.P.Thangamuthu
Case brief
What is this about?
In Second Appeal No.1286 of 2000, the High Court abated the appeal filed by three appellants against a decree in a civil suit. The appeal was dismissed because the sole respondent died on 07.04.2011 and appellants failed to implead his legal representatives before the limitation period expired.
What the court decided
A compact analysis
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.12.2015
CORAM
THE HON'BLE MR.JUSTICE S.NAGAMUTHU
Second Appeal No.1286 of 2000 1. Narayana Gounder 2. Panneerselvam 3. Ramasamy ..Appellants/Plaintiffs Vs. A.P.Thangamuthu ..Respondent/Defendant
Appeal under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 11.6.1999 made in A.S.No.106 of 1998 on the file of Sub Court, Bhavani, reversing the judgment and decree dated 10.8.1998 made in O.S.No.317 of 1996 on the file of Additional District Munsif Court, Bhavani.
For Appellants : Mr.V.Bharathidasan For Respondent : Mr.S.Kadarkarai J U D G M E N T
This second appeal has been filed by the appellants challenging the decree and judgment of the learned Subordinate Judge, Bhavani, dated 11.6.1999 made in A.S.No.106 of 1998. Today, when the matter was taken up, the learned counsel for the sole respondent submitted that the sole respondent died as early as 07.4.2011 itself. The learned counsel for the appellants would submit that the appellants have not initiated any steps to bring on record the legal representatives of the sole deceased respondent. The period of limitation has expired and thus, the appeal stands abated.
In the result, the second appeal is abated. No costs. sd/Assistant Registrar(Cs-V) /TRUE COPY/ Sub-Assistant Registrar
Issues for consideration
1 issue framed by the court
Whether a second appeal stands abated due to death of respondent and failure to implead legal heirs within limitation period.
Parties & counsel
- appellant
Narayana Gounder
- appellant
Panneerselvam
- appellant
Ramasamy
- respondent
A.P.Thangamuthu
Coram
Case details
As recorded by the court registry
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