The High Court closed a second appeal filed under CPC Section 100 because the sole appellant was deceased and the court could not implead legal heirs. Liberty was granted to restore the appeal within a reasonable timeframe.
The second appeal stands closed with liberty to restore within a reasonable period; 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :19.11.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
S.A.No.661 of 2006
Mariappan ... Appellant/Plaintiff vs 1.Subramanian 2. Sub Registrar, Udumalpet. .. Respondents /Defendants Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure Code, against the judgment and decree passed in A.S.No.29 of 1998 on the file of the Sub-Court, Udumalpet dated 07.04.2005 reversing the judgment and decree passed in O.S.No.561 of 1996 on the file of the District Munsif Court, Udumalpet dated 19.03.1998.
For Appellant :Mr.K.Balaji
For Respondents :Mr.J.Ramakrishnan for R1
Mr.A.Dev Narendran,
Government Advocate for R2
JUDGMENT
When the case was listed on 23.07.2014, this Court passed an order stating that the sole appellant was dead and adjourned the matter for taking steps. Thereafter, the matter was listed on 13.07.2017 and the second appeal was adjourned.
Svn/pns To
1.Sub Court, Udumalpet.
S.A.No.661 of 2006
rsi[co]
srg 20/12/2018
2 issues framed by the court
Whether the second appeal should be dismissed due to the appellant's inability to implead legal heirs after the appellant's death.
Whether the second appeal can be restored upon application within a reasonable period.
1 provisions across 1 enactments
Mariappan
Subramanian
Sub Registrar, Udumalpet
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
