D. Natarajan v. Sivanathan
Case brief
What is this about?
Single judge held that the second appeal abated due to the death of the sole appellant. As legal heirs did not implead themselves, the appeal was dismissed without costs.
What did the court decide?
Second appeal dismissed as abated. No costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2020
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
SA.No.145 of 2006
D.Natarajan
...Appellant/Appellant/Plaintiff
Vs.
1.Sivanathan
2.Balakrishnan
3.Sampath
4.D.Sampath
5.D.Kadirvelu
6.D.Kamallammal ...Respondents/Respondents/Defendants
PRAYER:
The Second Appeal is filed under Section 100 of CPC against
the judgment and decree dated 25.08.2004 in A.S.No.97 of 2002 on
the file of the Additional District and Sessions Judge(Fast
Track Court No.II), Ranipet, Vellore District confirming the
judgment and decree dated 24.12.1997 in O.S.No.75 of 1987 on the
file of the District Munsif's Court, Sholingur
For Appellant : M/s.Nilopher
For Respondents: R1, 4 to 6 – notice served
R3 – not ready notice
R2 - died
JUDGMENT
The second appeal is directed as against the judgment and decree dated 25.08.2004 in A.S.No.97 of 2002 on the file of the Additional District and Sessions (Fast Track Court No.II), Ranipet, Vellore District confirming the judgment and decree dated 24.12.1997 in O.S.No.75 of 1987 on the file of the District Munsif's Court, Sholingur.
Issues for consideration
1 issue framed by the court
Whether a second appeal abates upon the death of the sole appellant when legal heirs fail to implead themselves.
Parties & counsel
- appellant
D. Natarajan
- respondent
Sivanathan
Coram
G.K. Ilanthiraiyan
Case details
As recorded by the court registry
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