The High Court considered an appeal where letters to the appellants were returned as 'Addressee Expired'. The court raided no contact and held that the legal representatives were not impleaded. Consequently, the appeal was dismissed as having abated.
Appeal dismissed as abated; no costs awarded.
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 23.04.2019
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM
S.A.No.551 of 1998
and
C.M.P.No.5945 of 1998
PRAYER: Second Appeal filed under Section 100 of C.P.C., against the Judgment and decree of the learned First Additional District Judge and Chief Judicial Magistrate of Dharmapuri at Krishangiri dated 17.10.1997 in A.S.No.17 of 1996 confirming the judgment and decree of the learned District Munsif of Krishnagiri dated 30.11.1996 in O.S.No.1125 of 1978.
For Appellants : Mr.V.Nicholas
For Respondents : M/s.V.Ragavachari for R1
Judgment
Both sides counsel present. The leaned counsel for the appellant has submitted that the letters which have been sent to the appellants 1 and 2 were returned as " Addressee Expired " . No one has contacted him and hence he is not able to file the petition to implead the legal representatives.
Sd/-
Assistant Registrar(CS-VIII)
//True copy//
Sub Assistant Registrar
Vv
To
1. The First Additional District Judge
and Chief Judicial Magistrate,
Dharmapuri,Krishangiri.
2. The District Munsif,
Krishnagiri
3. The Section Officer, VR Section,
High Court, Madras.
+1cc to Mr.V.Nicholas, Advocate SR.No.38886
+1cc to Mr.V.Ragavachari, Advocate SR.No.39265
S.A.No.551 of 1998
and
C.M.P.No.5945 of 1998
SPD(CO)
GMY(27/06/2019)
1 issue framed by the court
Whether the second appeal filed under Section 100 of CPC abates due to the death of the appellants without impleading legal representatives?
2 provisions across 1 enactments
Ramasamy
Samudi
Swaminathan
Kuppam
P.Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
