K. Balaraman v. J. Nehru
Case brief
What is this about?
The High Court of Judicature at Madras dismissed a second appeal under Section 100 of the CPC. The court held that the appeal abated because the sole respondent died and the appellants failed to bring the legal heirs on record.
What did the court decide?
Second appeal dismissed as abated. Connected miscellaneous petition closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2021
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
S.A.No.298 of 2012
and
M.P.No.1 of 2012
1.K. Balaraman
2.K. Thambiran 3.K. Rukmangathan 4.K. Sundararaj 5.S. Pappathi ... Appellants/Appellants/Defendants Vs.
J. Nehru ... Respondent/Respondent/Plaintiff
Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree made in A.S.No.44/2009 dated 24.11.2010 on the file of the Principal District Court at Chengalpattu, confirming the judgment and decree made in O.S.No.110 of 2005 dated 16.06.2009 on the file of Additional Subordinate Court at Chengalpattu.
For Appellants : Mr. S.N. Muthu Krishnan For Respondent : Mr. V. Ramesh
Issues for consideration
1 issue framed by the court
Whether a second appeal should be dismissed due to the death of the sole respondent without tracing legal heirs.
Parties & counsel
- appellant
K. Balaraman
- appellant
K. Thambiran
- appellant
K. Rukmangathan
- appellant
K. Sundararaj
- appellant
S. Pappathi
- respondent
Case details
As recorded by the court registry
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