In this second appeal filed under Section 100 of CPC, the High Court dismissed the appeal as abated because the appellant had died and no legal representative was found on record.
Second Appeal dismissed as abated; no costs; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 14.08.2020
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
S.A.No.744 of 2010 and M.P.No.1 of 2010
A.C.Sundaramoorthy ..Appellant/Plaintiff /versus/ 1.Shanthilal 2.Waqthawarmal ..Respondents/Defendants
Prayer: Second Appeal has been filed under Section 100 of C.P.C., against the judgment and decree passed in A.S.No.313 of 2007 dated 26.06.2008 on the file of the V Fast Track Court, Chennai, confirming the judgement and decree passed in O.S.No.1544 of 2005 dated 17.11.2006 on the file of the XVIII Assistant City Civil Court, Chennai.
For Appellant : No Appearance For Respondents : No appearance -------
J U D G M E N T (The case has been heard through video conference)
There is no representation for the appellant. On the earlier occasion, it was reported that the appellant died and time sought to bring the Legal Representative of the appellant on record. On verification of the records, this Court finds no legal representative petition is filed. Hence, this Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To:
1.The Additional District Judge, V Fast Track Court, Chennai. 2.XVIII Assistant Judge, City Civil Court, Chennai. Copy to: The Section Officer, VR Section, Madras High Court.
S.A.No.744 of 2010
and
M.P.No.1 of 2010
VSN-II(CO)
RV(11/11/2020)
1 issue framed by the court
Whether the second appeal can be maintained in the absence of the appellant's legal representative after the court finds no such petition is filed.
1 provisions across 1 enactments
A.C.Sundaramoorthy
Shanthilal
Waqthawarmal
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
