J.Jayaram v. Rajagowder
Case brief
What is this about?
The High Court of MadRAS dismissed the second appeal as abated because the sole appellant died and the surviving legal heirs failed to implead themselves or take steps to do so in the appeal.
What did the court decide?
Second appeal dismissed as abated; no costs; connected miscellaneous petitions closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.02.2018 CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
S.A.No.1604 of 2000
And
C.M.P.Nos.18544 to 18546 of 2002
J.Jayaram ... Appellant/Plaintiff
Vs.
1.Raja Gowder
2.Saravanan
3.R.Ganesan
4.M.Muthammal
5.O.Balan ... Respondents/Defendants
Prayer:
Second Appeal filed under Section 100 of C.P.C. against
the judgment and decree passed by the learned Sub-Judge,
Udhagamandalam in A.S.No.20/97 dated 26.11.1999 confirming the
judgment and decree dated 18.03.1997 passed by the learned
District Munsif Udhagamandalam in O.S.No.197/96 dismissing the
suit.
For Appellant : Mr.M.Devaraj
For Respondents : No Appearance
J U D G M E N T
The learned counsel appearing for the appellant submitted
that the sole appellant died. However, the surviving legal
heirs of the deceased appellant has not taken any steps to
implead themselves in the appeal. In view of the above, the
second appeal is dismissed as abated. No costs. Consequently,
the connected miscellaneous petitions are also closed.
Sd/-
Assistant Registrar(CS-iii)
//True Copy//
Sub Assistant Registrar
pri
To
1.The subordinate Judge, Udhagamandalam. 2.The District Munsif, Udhagamandalam. +1cc to Mr.D.RAVICHANDER, Advocate, S.R.No. 8074 S.A.No.1604 of 2000 And C.M.P.Nos.18544 to 18546 of 2002 SJ(CO) TR(19/02/2018)
Issues for consideration
2 issues framed by the court
Whether to set aside the dismissal of the second appeal due to the death of the sole appellant without impleading legal heirs.
Whether the appeal crashes as abated because surviving legal heirs did not implead themselves.
Parties & counsel
- appellant
J. Jayaram
- respondent
Raja Gowder
- respondent
Saravanan
- respondent
R. Ganesan
- respondent
M. Muthammal
- respondent
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 — this page · M.dhandapani
- Order 2 · R.sakthivel
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