Nagammal v. Amaravathy
Case brief
What is this about?
In a second appeal where the appellant was deceased and legal representatives were not brought on record, the High Court of Madras dismissed the appeal as abated, holding further proceedings unnecessary in the absence of costs being awarded.
What did the court decide?
The Second Appeal is dismissed as abated. No costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
S.A. No.2110 of 2002 and CMP No.18386 of 2002
Nagammal
Versus
- Amaravathy 2. K.N.Ravichandran ....Respondents
Second Appeal filed under Section 100 of the Civil Procedure code, against the judgment and decree of the learned Appellate Authority and 2nd Additional Subordinate Judge (Incharge of 3rd Additional Sub Court, Coimbatore, dated 25.06.2002 in A.S. No.36 of 2001 confirming the judgment and decree of the learned 2nd Additional District Munsif, Coimbatore, dated 27.11.2000 in O.S. No.1265 of 1996.
JUDGMENT
The learned counsel for the respondents submits that the appellant is dead. Even when the appeal was filed, the appellant was aged 90 years. Till date, steps have also not been taken to bring on record the Legal Representatives of the deceased appellant. Therefore, the Second Appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.
Issues for consideration
1 issue framed by the court
Whether the second appeal is maintainable when the appellant is deceased and legal representatives have not been impleaded?
Parties & counsel
- appellant
Nagammal
- respondent
Amaravathy
- respondent
K.N.Ravichandran
Coram
Case details
As recorded by the court registry
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