Vasudevan v. Danalakshmi
Case brief
What is this about?
In a second appeal under Section 100 CPC, the court dismissed the appeal as abated because the sole respondent had died and no steps were taken to implead her legal representatives.
What did the court decide?
The second appeal was dismissed as abated.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.03.2021
CORAM
THE HONOURABLE MR. JUSTIC E T. RAVINDRAN
S.A.No. 938 of 2009 and M.P.No.1 of 2009
Vasudevan S/o. Muthu Naicker ... Appellant Vs. Danalakshmi W/o. Appadurai ...Respondent Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and decree dated 22.03.2005 rendered in A.S.No.47 of 2003 on the file of the Additional District Judge, (Fast Track Court-II, Kancheepuram) confirming the judgment and decree dated 31.01.2003 passed in O.S.No.971 of 1998 on the file of the Principal District Munsif court, Kancheepuram.
For Appellant : Mr. T.S. Baskaran For Respondent : Mr. Y. Jyothish Chander
It is represented by the appellant's counsel that the sole respondent had died long back and no steps have been taken to implead the LRs of the deceased. A memo has also been filed by the appellant's counsel to that effect and the same is taken on record.
- In the light of the abovesaid factors, inasmuch as no steps have been taken to implead the LRs of the deceased sole respondent to proceed with the appeal further, the second appeal is dismissed as abated. No costs. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar(CS VII)
Issues for consideration
1 issue framed by the court
Whether the second appeal can proceed when the sole respondent has died and legal representatives have not been impleaded.
Parties & counsel
- appellant
Vasudevan S/o. Muthu Naicker
- respondent
Danalakshmi W/o. Appadurai
Coram
E T. RAVINDRAN
Case details
As recorded by the court registry
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