The court recorded a Memo filed by counsel stating the appellant had died and legal representatives could not be found. Based on the returned postal cover, the Second Appeal was abated.
The Second Appeal is abated. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
K.Sethu .. Appellant/Plaintiff/ Appellant
Vs.
Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 05.12.1996 passed in A.S.No.26 of 1996 on the file of the II Additional District Court, Coimbatore, confirming the judgment and decree dated 19.09.1995 in O.S.No.592 of 1992 on the file of the II Additional District Munsif Court, Coimbatore.
For Appellant : Mr.C.R.Prasannan For 1st Respondent : Mr.G.Karthikeyan For 2nd Respondent : Mr.J.Venugopal
It is represented by the learned counsel for the appellant that the letter sent to the appellant through registered post on 22.02.2017 returned with an endorsement “expired so returned” and in spite of his best efforts, he is not able to identify the legal representatives of the appellant. Learned counsel has filed a Memo dated 06.03.2017 to that effect along with the returned cover.
1 issue framed by the court
Whether the Second Appeal filed by the appellant stands abated when the appellant's death certificate is not produced and legal representatives cannot be traced after filing the Memo regarding his unt
1 provisions across 1 enactments
K.Sethu
K.Dasarathan
Coimbatore Housing Unit
S.Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
