The High Court was reported to have dismissed an original side appeal as abated due to the death of the appellant, noting that no legal representatives were impleaded, and allowed a petition to be filed to set aside the abatement within the limitation period.
The appeal is dismissed as abated.
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.
O.S.A.No.244 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
O.S.A.No.244 of 2017
P.Vetrivel ...Appellant
-Vs-
1.E.Madhusudhanan 2.O.Paneer Selvam
3.Semmalai 4.TTV Dhinakaran 5.K.Palaniswami
...Respondents
Prayer:- Original Side Appeal filed under Order XXXVI Rule 9 of O.S.Rules read with Clause 15 of the Letters Patent against the order and decreetal order in Original Application No.884 of 2017 in C.S.No.707 of 2017 dated 11.09.2017.
For Appellant : M/r.C.Subramanian for M/s.Arulselvam Associates
For R3 & R5 : Mr.N.S.Amoghsimha for M/s.Gowtham Kumar
JUDGMENT
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O.S.A.No.244 of 2017
[Judgment of the Court was made by S.S.SUNDAR, J .,]
Though this appeal was filed in the year 2017, it has been reported that the appellant has passed away. Even in the suit a defence is taken as to the maintainability of the suit by the appellant as a member of the political party.
survive. It is admitted that the appellant died about two years back. No steps have been taken to implead the legal representatives of the deceased appellant.
Therefore, this appeal is liable to be dismissed as abated . It may be open to the learned counsel appearing for the appellant to file a petition to set aside the abatement if he has sufficient cause to file such a petition within the period of limitation.
[SSSRJ] [AANJ] 08.12.2022
cda
2/4
O.S.A.No.244 of 2017
To
The Section Officer, VR Records, High Court, Chennai.
S.S.SUNDAR, J.,
AND
O.S.A.No.244 of 2017
A.A.NAKKIRAN, J., cda
O.S.A.No.244 of 2017
08.12.2022
1 issue framed by the court
Whether the original side appeal is maintainable in view of the death of the appellant without impleading legal representatives.
P.Vetrivel
1.E.Madhusudhanan
2.O.Paneer Selvam
3.Semmalai
4.TTV Dhinakaran
5.K.Palaniswami
S.S.SUNDAR
A.A.NAKKIRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
