The High Court of Madras dismissed a Second Appeal filed under Section 100 of the CPC as abated. The appellate proceedings excluded the legal representatives of the deceased appellant, who had failed to bring them on record by the deadline, resulting in automatic dismissal.
Second Appeal dismissed as abated; no costs; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
S.A.No.1379 of 2007 and M.P.No.1 of 2007
Vadamalai gounder ...Appellant/Appellant/1 st Defendant vs.
2.Minor Mohan Prabu
rep. by his next friend
Father Sivasubramaniam ...1 st & 2 nd Respondents/ 1 & 2 Respondents/Plaintiffs
3.Palaniammal ...3 rd Respondent/ 3rd Respondent/2 nd Defendant
Prayer: Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree of the Principal District Judge, Erode in A.S.No.58/2006 dated 7.2.2007 confirming the Decree and Judgment in O.S.No.314/1999 on the file of the Subordinate Judge, Dharapuram dated 23.11.2005.
For Appellant : R.Babu For Respondents : Mr.S.Kaithamalai Kumaran for R1 & R2 R3 – Died
JUDGMENT
This Court by its earlier order dated 07.04.2021 had made it clear that if steps are not taken to bring on record the legal representatives of the deceased Appellant before the next hearing date, the Second Appeal shall stand dismissed as abated automatically. Since steps have not been taken to bring on record the legal representatives of the deceased Appellant, the Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.
s/dAssistant Registrar(CS-II)
True Copy
Sub-Assistant Registrar
To
1. The Principal District Judge, Erode.
2. The Subordinate Judge, Dharapuram. Copy to The Section Officer VR Section High Court, Madras 104.
S.A.No.1379 of 2007
SVI(CO) SP(27/07/2021)
1 issue framed by the court
Whether the Second Appeal stands to be dismissed for abatement as the legal representatives of the deceased appellant were not brought on record.
1 provisions across 1 enactments
Vadamalai gounder
Sivasubramaniam
Minor Mohan Prabu
Palaniammal
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
