P.Rangasamy v. Ponnammal
Case brief
What is this about?
An order abating a second appeal filed under Section 100 of the Civil Procedure Code. The single-judge bench held that the appeal stands abated because the sole respondent had died in 2010 and their legal representatives were not brought on record.
What did the court decide?
The Second Appeal stands abated with no order as to cost.
What the court decided
A compact analysis
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 :15.09.2021
CORAM
THE HONOURABLE MRS. JUSTIC E R. HEMALATHA
S.A.No. 825 of 2002
P.Rangasamy ... Appellant
Vs.
S.Ponnammal ... Respondent
Prayer: Second Appeal filed under Section 100 of the Civil Procedure against the decree and judgment dated 31.10.2001 in A.S. No.198 of 2000, on the file of the I Additional District Judge-cum-Chief Judicial Magistrate, Coimbatore, confirming the decree and judgment dated 17.08.2000, in O.S. No.1637 of 1994, on the file of the II Additional District Munsif Court, Coimbatore.
A Perusal of records shows that the sole respondent died even in the year 2010 and till date, no steps have been taken to bring the legal representatives of the sole respondent.
- In view of the above, the Second Appeal stands abated. There shall be no order as to cost.
Sd/Assistant Registrar(CCC)
Issues for consideration
1 issue framed by the court
Whether the second appeal stands abated due to the death of the sole respondent whose legal representatives were not brought on record.
Parties & counsel
- appellant
P. Rangasamy
- respondent
S. Ponnammal
Coram
E R. Hemalatha
Case details
As recorded by the court registry
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