This court dismissed the first appeal filed under Section 96 of the Civil Procedure Code as abated. The court observed that sufficient time was already granted to implead legal representatives of deceased parties, which the appellant failed to do.
The first appeal is dismissed as abated with costs. Connected miscellaneous petition is closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2019
CORAM
THE HONOURABLE MR. JUSTICE T.RAVINDRAN
A.S.No.274 of 2003
Kumaresan
...Appellant/14th Defendant
Vs.
..1st Respondent/Plaintiff
15.Sridharan @ Babu 16.Shanthi ...Respondents/Defendants 2 to 14/1-13, 15 & 16.
Prayer: Appeal filed under Section 96 of the Civil Procedure Code, against the judgment and decree in O.S.No. 261 of 1998 on the file of the II Additional Subordinate Judge, Erode dated 29.06.2002.
For Appellant : Mr.V.Raghavachari
For Respondents: Mr.S.K.Nachimuthu for R1
Mr.V.P.Senkottuvel for R4 R2 - died T/E R3 and R5 to R16 - Notice dispensed with
JUDGMENT
Counsel for the appellant seeks further time for taking steps for the deceased appellant and the second respondent. However, inasmuch as sufficient time has already been granted
for taking steps for the deceased parties as abovestated, as the appellant had not taken appropriate steps to implead their legal representatives as per law and prosecute the matter further, there is no purpose in keeping the appeal further pending.
2.In the light of the above position, the first appeal is dismissed as abated, with costs. Consequently, connected miscellaneous petition, if any, is closed.
MEMORANDUM OF COSTS
Appellants/Petitioners( ) Costs
Rs. P. Stamp for Vakalatnama 20.00 Do. used for the Memo. Do. for do. of the lower Court Do. for do. of the do. Do. for enclosures Value of copy Stamp-paper used for enclosures
Advocate's fee [certificate not received] Batta and Postage Translation and Printing/Typing charges 134.00 ------
s/dAssistant Registrar(CS VIII)
True Copy
Sub-Assistant Registrar bga Copy to
1.The II Additional Subordinate Judge, Erode +1 CC to Mr.D. Selvaraj, Advocate sr 45988. +1 CC to Mr.V.Raghavachari, Advocate sr 45679.
A.S.No.274 of 2003
SP(16/08/2019)
1 issue framed by the court
Whether the appeal filed under Section 96 of the Civil Procedure Code could be allowed when the appellant failed to take steps for deceased parties.
1 provisions across 1 enactments
Kumaresan
Marappa Gounder
Angammal
Muthayammal
Chinnamal
Duraisamy
T. Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
