This court dismissed a second appeal under Section 100 of the Civil Procedure Code as abated because the sole respondent was deceased, and the appellants failed to bring the legal heirs on record.
Second appeal dismissed as abated. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :02.02.2018 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.A.No.1860 of 2002
1.Perumal Reddiar
2.Raja 3.Seethammal ... Appellants/Defendants/Appellants
Vs.
Lakshmana Reddiar ... Respondent/Plaintiff/Respondent
Prayer : Second Appeal is filed under Section 100 of the Civil Procedure Code, to set aside the Judgment and decree of the Additional District Court, Nagapattinam dated 20.09.2001 in A.S.No.39/1999 confirming the Judgment and Decree of the Additional Sub Court, Mayiladuthurai made in O.S.No.96/1998 dated 24.09.1999.
For Appellants : Mr.S.Sounthar For Respondent : M/S.A.L.Ganthimathi. J U D G M E N T Today, when the matter is taken up for consideration, learned counsel appearing for the appellants submitted that the sole respondent was dead. However, till date, the appellants did not take any steps to file a petition to bring the legal heirs of the deceased sole respondent on record.
In the result, the second appeal is dismissed as abated. No costs.
Sub Assistant Registrar
gv
Copy to
The Section Officer, V.R. Section, High Court, Madras.(2 copies)
+1cc to Mr.A.L.GANTHIMATHI, Advocate, S.R.No. 8306
S.A.No.1860 of 2002
VD(CO)
TR(07/03/2018)
1 issue framed by the court
Whether the second appeal can be proceeded with when the sole respondent is dead and no steps were taken to implead legal heirs.
1 provisions across 1 enactments
Perumal Reddiar
Raja
Seethammal
Lakshmana Reddiar
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
