This court held that a Second Appeal stands abated because the sole appellant and all respondents had died long ago and no steps had been taken to implead their legal heirs.
Second Appeal stands abated. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2021
CORAM
THE HONOURABLE MRS.JUSTIC E R.HEMALATHA
S.A.NO. 651 OF 2002
Neelambal Ammal
Vs.
1.Varadha Kounder
2.Srinivasan
... Respondents/Defendants
Prayer: Second Appeal filed under Section 100 of the Civil
Procedure against the decree and judgment dated 15.11.1994 in
A.S. No.98 of 1994, on the file of the learned District Court,
Villupuram, confirming the decree and judgment dated 27.12.1988,
in O.S. No.737 of 1983, on the file of the learned Principal
District Court, Tindivanam.
JUDGMENT
A Perusal of the records shows that the sole appellant as
well as the respondents died long back and till date no steps
have been taken to implead the legal heirs of the deceased sole
appellant and 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
mtl/ham
To
1. The District Judge, Villupuram.
2. The Principal District Judge, Tindivanam.
3. The Section Officer, VR Section, High Court, Madras.
S.A.No. 651 of 2002
PA(CO)
RLP(22/10/2021)
2 issues framed by the court
Whether a Second Appeal filed after the death of parties abates due to lack of impleadment of legal heirs.
Whether the appeal stands abated in the absence of any steps taken to implead heirs.
1 provisions across 1 enactments
Neelambal Ammal
Varadha Kounder
Srinivasan
E R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court