Varadachari v. Amsa
Case brief
What is this about?
In this second appeal, the appellant's counsel submitted that the first appellant died seven years ago, causing the suit to abate. The court accepted this submission and dismissed the appeal for default without recording the merits of the dispute.
What did the court decide?
The appeal was dismissed for default as the suit had abated due to the death of the first appellant.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
SECOND APPEAL NO.284 OF 2007
1.Varadachari
2.Govindarajan
3.Rajalakshmi .. Appellants/
Plaintiff 2 to 4
Versus
1.Amsa
2.Kanniappan
3.Radhakrishnan
4.Padavattammal ..Respondents/
Defendants 1,3 to 5
PRAYER: This Second Appeal is filed under Section 100 of the Civil Procedure Code against the Decree and Judgment passed by the learned Additional District Judge, (Fast Track No.II), Kancheepuram on 07.07.2005 in A.S.No.25 of 1999 confirming the decree and judgment passed by the learned Additional District Munsif, kancheepuram in O.S.No.766 of 1991 on 29.11.1996.
For Appellants : Mr.R.Rajesh For Respondents : Mr.T.Sathyamoorthy for R1.
JUDGMENT
This Second Appeal is filed under Section 100 of the Civil Procedure Code against the Decree and Judgment passed by the learned Additional District Judge, (Fast Track No.II), Kancheepuram on 07.07.2005 in A.S.No.25 of 1999 confirming the decree and judgment passed by the learned Additional District Munsif, kancheepuram in O.S.No.766 of 1991 on 29.11.1996.
Issues for consideration
1 issue framed by the court
Whether the second appeal could proceed when the court was informed that the first appellant was deceased and the suit abated.
Parties & counsel
- appellant
Varadachari
- appellant
Govindarajan
- appellant
Rajalakshmi
- respondent
Amsa
- respondent
Kanniappan
- respondent
Case details
As recorded by the court registry
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