In a second appeal where the original parties to the suit below had died, the court observed that no legal heirs were impleaded. Consequently, the Second Appeal was held to have abated due to the lack of parties before the court.
The Second Appeal is abated. No costs.
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 : 13.09.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
S.A.No. 1628 of 2008
1.V.Narasimha Asari
2.A.Narasimha Asari
3.Lakshmana Gounder
4.Pannadi Gounder ... Appellants /Respondents / Plaintiffs
Vs.
1.Sundarambal
2.Rajaiya
3.Murali ... Respondents /Petitioners / Defendants
Prayer: Second Appeal filed under Section 100 of the Civil
Procedure against the decree and judgment dated 08.09.2004 in
A.S.No.75 of 2003 on the file of the Sub Court, Mettur, reversing
the decree and judgment dated 29.08.2003 in O.S.No.1088 of 1996
on the file of the District Munsif Court, Mettur.
For Appellants: Mr.M.Vaidyanathan
For R1: Mr.P.Jagadeesan
JUDGMENT
A perusal of the records shows that the first and third
appellants and all the respondents died long back and till date
no steps have been taken to implead the legal heirs of the
deceased first and third appellants and all the respondents.
2.In view of the above, the Second Appeal stands abated.
No costs.
Sd/-
Assistant Registrar(CS-VII)
//True Copy//
Sub Assistant Registrar
nr/mtl
To
1. The Subordinate Judge, Mettur.
2. The District Munsif, Mettur.
Copy To
The Section Officer,
V.R Section, High Court,
Madras.
S.A.No.1628 of 2008
AJS(CO)
SB(06/10/2021)
1 issue framed by the court
Whether a second appeal under Section 100 of the Civil Procedure Code can be adjudicated when the original parties are dead and legal heirs are not impleaded.
1 provisions across 1 enactments
V.Narasimha Asari
A.Narasimha Asari
Lakshmana Gounder
Pannadi Gounder
Sundarambal
Rajaiya
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court