In this second appeal, the court held that since the sole appellant had died without impleading their legal representatives despite opportunities, keeping the appeal pending served no purpose. Consequently, the second appeal was dismissed as abated.
The second appeal was dismissed as abated. No costs. Connected miscellaneous petition 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 :03.03.2021
CORAM
THE HONOURABLE MR. JUSTIC E T. RAVINDRAN
S.A.No. 251 of 2009 and M.P.No.1 of 2009
R. Rani Rasamani W/o. Late Ramaiah
...Appellant/1 st Defendant
Vs.
1. S.R. Sundaramurthy
S/o. Late Ramaiah ..1 st Respondent/Plaintiff
2. S.R. Anbalagan
S/o. Late Ramaiah
3. S.R. Sivakumar
S/o. Late Ramaiah
4. S.R. Vennila
D/o. Late Ramaiah ...Respondents 2 to 4/Defendants 2 to 4
Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and decree dated 24.01.2007 passed in A.S.No.155 of 2006 on the file of the third Additional Subordinate Judge, Coimbatore, confirming the judgment and decree dated 26.07.2006 passed in O.S.No.1947 of 2004 on the file of the learned Principal District Munsif, Coimbatore.
For Appellant : Mr. L. Mouli For Respondents For R1 : Mr.R. Babu For R3 : Ms. J.R. Gayathri for M/s.Sarvabhauman Associates R4 : Mr. B. Jayaraman R2 : No appearance.
JUDGMENT
It is seen that the sole appellant has died long back and despite sufficient opportunities given, no steps have been taken to implead the legal representatives of the deceased appellant as per law and prosecute the matter further. In such view of
the matter, there is no purpose in keeping the appeal further pending.
s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
bga
To
1. The third Additional Subordinate Judge, Coimbatore,
2. The Principal District Munsif, Coimbatore.
3. The Section Officer, VR Section, High Court, Madras
+1 CC to Mr.L. Mouli, Advocate sr 13391.
S.A.No. 251 of 2009
SV(CO)
SP(22/03/2021)
1 issue framed by the court
Whether an appeal filed by a deceased appellant who has not impleaded their legal representatives should be decided on merits.
1 provisions across 1 enactments
R. Rani Rasamani
S.R. Sundaramurthy
S.R. Anbalagan
S.R. Sivakumar
S.R. Vennila
E T. Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
