The High Court, Madras, dismissed a Second Appeal filed under Section 100 of the CPC as abated. The court held that due to the death of the sole appellant and a respondent, no instructions could be secured, rendering the appeal an inert nullity.
The Second Appeal has been dismissed as abated. The case is left open to be reopened.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.11.2018
CORAM:
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
SA.No.643 of 2006
and
C.M.P.No.9780 of 2006 and C.M.P.No.1577 of 2008
Mr.Srinivasa Udyar .. Appellant/Plaintiff
Vs.
1.Mr.Anandan
2.Mr.Subramanian
3.Mr.Pandian
4.Mrs.Vijayakumari .. Respondents/Respondents
Prayer: Second Appeal filed under section 100 of the Code of Civil Procedure against the judgment and decree of the learned Additional Sub-Ordinate Judge, Tindivanam in A.S.No.11 of 1994 on his file and dated 01.10.2002, confirming the judgment and decree of the learned District Munsiff, Gingee in O.S.No.385 of 1989 on his file and dated 22.12.1993.
For Appellant : Mr.V.Chandrakanthan For Respondents : No appearance
JUDGMENT
The learned counsel for the appellant brought to the notice of this Court that the sole appellant died long back. This apart, one of the respondent also passed away during the pendency of the Second Appeal.
2.Thus, the learned counsel for the appellant is unable to secure any instructions from the appellant side, enabling him to get along with the case.
3.Thus, the Second Appeal stands dismissed as abated. If at
all, the parties are interested, it is left open to them to reopen the case within a reasonable period of time. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
kak
To
1.The learned Additional Sub-Ordinate Judge,
Tindivanam.
2.The learned District Munsiff,
Gingee.
Copy To:-
The Section Officer
VR Section, High Court
Madras.
+1 cc to Mr.V.Chandraskhanthan, Advocate Sr.No.77904
SA.No.643 of 2006
CA(CO)
CSL/07.12.2018
1 issue framed by the court
Whether the Second Appeal should be allowed to proceed in the absence of the appellant due to the death of the appellant and one respondent.
1 provisions across 1 enactments
Mr.Srinivasa Udyar
Mr.Anandan
Mr.Subramanian
Mr.Pandian
Mrs.Vijayakumari
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
