The Madurai Bench of the Madras High Court dismissed a second appeal as abated. The court held that since the sole appellant had died and no legal representatives were brought on record or instructions received, the appeal could not proceed.
The Second Appeal was dismissed as abated. There shall be no order as to costs.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.02.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
S.A.(MD)No.492 of 2011
S.Arumughasamy .. Appellant/Appellant/Defendant
Vs.
1.S.Rajarathinam 2.R.Sasikumar .. Respondents 1&2/Respondents 1&2/ Plaintiffs 1 & 2
Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree passed in A.S.No.94 of 2009, dated 09.11.2009, on the file of the Principal Subordinate Court, Madurai, confirming the decree and judgment, dated 07.08.2008, in O.S.No.826 of 2003, on the file of the Additional District Munsif Court, Madurai Town.
For Appellant : Mr.S.R.Thangasamy For Respondents : Mr.M.Vaidhyalingam
The learned Counsel appearing for the appellant submitted that
the sole appellant had died and that the appellant's legal
representatives have not filed any application to bring them on
record as the legal representatives of the deceased sole appellant.
Further the learned Counsel submitted that inspite of sending a
registered letter to the parties, they have not received any
instruction from them. That apart, the learned Counsel also
submitted that his counter part has informed that the parties had https://hcservices.ecourts.gov.in/hcservices/
settled the matter out of Court.
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appearing for the appellant, since the appellants have not taken any steps to bring them on record as the legal representatives of the sole appellant, the Second Appeal stands dismissed as abated. There shall be no order as to costs.
SD ASSISTANT REGISTRAR TRUE COPY
SUB ASSISTANT REGISTRAR
To
1CC TO MR. T. ARUL, ADVOCATE SR: 5553 ssl KK-SKN-13.2.17 2P-4C
S.A.(MD)No.492 of 2011 01.02.2017
1 issue framed by the court
Whether the second appeal stands dismissed given the death of the appellant and lack of representation by legal heirs.
1 provisions across 1 enactments
S.Arumughasamy
S.Rajarathinam
R.Sasikumar
M.Duraishwamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
