Appeal dismissed as abated. The court held that since the underlying suit (for bare injunction) did not bring legal representatives of deceased respondents on record, the second appeal could not succeed against them.
The second appeal is dismissed as abated. No costs awarded.
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: 21.06.2021
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
S.A.No.731 of 2008
Jayachandran ... Appellant/I Defendant
versus
Second Appeal filed against the judgment and decree of the Principal Sub Court, Mayiladuthurai dated 23.02.2006 made in A.S.No.159/2005 confirming judgment and decree of District Munsif Court, Sirkali dated 31.08.2005 made in O.S.No.76 of 2002.
For Appellant : Mr.S.Sounthar
For Respondent : R1 and R2- Died R3- set aside ex parte
JUDGMENT
The learned counsel for the appellant would submit that despite issuing several letters to the appellant, the appellant has not turned up so as to enable the counsel to prepare necessary application to bring on record the legal representative of the deceased respondents 1 and 2, who are none other than the parents of the appellant. Besides the appellant and the 3rd respondent, there are other legal representatives as well. Therefore Second Appeal stands abated as against the respondents 1 and 2. Third respondent remained ex parte.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
mrn
To
Copy to:
The Section Officer, V.R.Section, High Court, Madras
S.A.No.731 of 2008
RK (CO) R.K. (15.07.2021)
1 issue framed by the court
Whether a second appeal stands abated if legal representatives of deceased respondents have not been brought on record in an injunction suit.
Jayachandran
Govindasamy
Vijayathammal
Ramachandran
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
