The High Court dismissed a second appeal under Section 100 of the CPC for default. The appeal was closed because the appellant failed to implead the legal heirs of the deceased third respondent, indicating a lack of interest to proceed further.
The second appeal was dismissed for default. Connected civil miscellaneous petition was closed.
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 : 06.01.2020
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
S.A. No. 643 of 2005
and
C.M.P. No. 9103 of 2005
N.Saroja .. Appellant/Plaintiff
Versus
1. S.Shanmugasundaram
2. K.V.Jayapal
3. M.S.Gowhar Jan
4. S.Gopal ..Respondents/Defendants
PRAYER: Second Appeal has been filed under Section 100 of
C.P.C., against the Judgment and decree dated 20.07.2004 in A.S.
No. 102 of 2002, in the Court of the I Additional District
Judge, Salem confirming the Judgment and decree dated 25.07.2002
in O.S. No. 857 of 1994 on the file of the Principal Sub Court,
Salem.
For Appellant : No Appearance
For R1, R2 & R4 : No appearance
For R3 : Mr.Mukunth
for Sarvabhauman Associates
ORDER
Though the third Respondent was died long back, the appellant did not take any steps to implead the legal heirs of third Respondent. Therefore it shows that the appellant did not have any interest to proceed further with the Appeal.
Sd/-
Assistant Registrar (CS-VI)
//True Copy//
Sub Assistant Registrar
To
S.A. No. 643 of 2005
and C.M.P. No. 9103 of 2005
SR(CO)
GN(12/02/2020)
2 issues framed by the court
Whether the second appeal be pressed forward in light of the appellant's failure to implead the legal heirs of the deceased third respondent.
How to dispose of the second appeal given the appellant's default and lack of interest to proceed.
1 provisions across 1 enactments
N.Saroja
S.Shanmugasundaram
K.V.Jayapal
M.S.Gowhar Jan
S.Gopal
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
