The High Court at Madras dismissed a second appeal filed under Section 100 CPC as abated. The sole appellant had died before the hearing, making service of notice impossible despite representation by counsel.
No order as to costs.
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: 22.06.2021
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
S.A.No.983 of 2008
P.Thayanayagi ...Appellant/1st Respondent/Plaintiff
Vs
1.V.Vaithianathan 2.V.Ganesan
3.Sundaramoorthy ...Respondents/Apellents/Defendents
Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgement and Decree dated 03/07/2007 passed by II Additional District Judge, Puducherry in A.S.No.111 of 2006 and restore the Judgement and Decree dated 18/01/1996 passed in O.S.No.51 of 1991 by the I Additional SubJudge, Puducherry.
For Appellant : Ms.Y.Kavitha for M/s.P.V.S. Giridhar Associates For Respondents 1 & 2 : M/s.Shabanam for Mr.K.P.Jotheeswaran
For Respondent 3 : No Appearance
J U D G E M E N T
The learned counsel for the appellant by memo dated 23.10.2019 had informed the Court that the counsel cannot reach out to the appellant. Thereafter, this Court had directed notice to the appellant by order dated 1102.2020. The notice sent from the Registry was also returned with an endorsement “No Such Addressee”. However, since the counsel's vakalat remained on record this Court had directed the learned counsel to submit their arguments and the matter was listed today i.e., 22.06.2021. When the matter was called the learned counsel for the respondent would submit that the appellant had died as early as on 03.01.2021.
deceased sole appellant the Second Appeal is dismissed as abated. There shall be no order as to costs.
Sd/Assistant Registrar
//True Copy//
Sub Assistant Registrar
kan
To
1.The II Additional District Judge, Puducherry.
2.The I Additional Sub-Judge, Puducherry.
Copy to
The Section Officer, V.R.Section, High Court, Madras-104
+1cc to M/s. Giridhar & Sai, Advocate, S.R.No.28742/21
S.A.No.983 of 2008
RLD(CO) RVM(22/07/2021)
1 issue framed by the court
Whether the appeal is liable to be dismissed due to the death of the sole appellant after service of notice could not be effected.
1 provisions across 1 enactments
P.Thayanayagi
1.V.Vaithianathan
2.V.Ganesan
3.Sundaramoorthy
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
