A second appeal filed under Section 100 CPC declaring a suit for declaration and permanent injunction abated since the second respondent died and his legal representatives were not brought on record. The court dismissed the appeal.
Second appeal dismissed as abated; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2017
CORAM
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN
S.A.No. 1293 of 1995
C.M.P.No.13174 of 1995
Nalluswamy Gounder ...Appellant/Plaintiff Vs. 1. Chellathambi 2. Nallu Chettiar ...Respondents/Defendants
Prayer:- This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgement and decree in A.S.No.109 of 1992 dated 19.08.1994 on the file of the learned First Additional District Court, Trichy reversing the well considered decree and judgment in O.S.No.543 of 1986 dated 29.03.1990 on the file of the learned District Munsiff Court, Perambalur, Trichy District.
For Appellant : Mr.J.Saravanavel For Respondents : Mr.R.Siddharth for Mr.T.R.Rajaraman for R1 JUDGMENT
The learned counsel for the appellant submits that the second respondent died long back and there is no response from the appellant in spite of informing him to take necessary steps to bring the legal representatives of the deceased second respondent. The suit is for declaration and permanent injunction. Since the decree is indivisible decree, on the death of second respondent, the matter is abated.
Sd/-
Asst.Registrar (CS II )
/true copy/
Sub Asst. Registrar
rts
To
1. The First Additional District Court, Trichy
2. The District Munsiff Court, Perambalur, Trichy
+1cc to Mr. J. Saravanavel, Advocate SR. 7253
S.A.No. 1293 of 1995
C.M.P.No.13174 of 1995
NM(CO)
VR (13/02/2017)
1 issue framed by the court
Whether the second appeal stands dismissed on the ground of abatement due to the death of the second respondent.
1 provisions across 1 enactments
Nalluswamy Gounder
Chellathambi
Nallu Chettiar
G. JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
