R.Nallaiyan v. P.Periyasamy
Case brief
What is this about?
The second appeal filed under section 100 CPC was dismissed as the appellant died and the appeal abated. Leave is given to legal representatives to file a petition to set aside abatement.
What did the court decide?
Second appeal dismissed as abated; legal representatives permitted to seek to set aside abatement.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.03.2022 CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
SA.No.1150 of 2012
R.Nallaiyan
...1st Defendant / Appellant/ Appellant Vs.
P.Periyasamy ..Plaintiff/Respondent/Respondent
Prayer: Second Appeal filed under section 100 of the Code of Civil Procedure to set aside the Judgement and decree dated 19.07.2011 passed in A.S.No.57 of 2010 on the file of the Principal District Court, Namakkal, confirming the judgment and decree dated 22.07.2010 passed in O.S.No.159 of 2008 on the file of Subordinate Court, Rasipuram.
For Appellants : Mr.P.Mathivanan
JUDGMENT
The learned counsel for the appellant submitted that the appellant died and inspite of his best efforts, he is not able to get the particulars of the legal representatives. In view of the same, this second appeal is dismissed as abated. It is left open to the legal representatives to file a petition to setaside abatement by filing an appropriate petition to implead the legal heirs.
Issues for consideration
1 issue framed by the court
Whether the second appeal stands dismissed as it has abated due to the death of the appellant.
Parties & counsel
- appellant
R.Nallaiyan
- respondent
P.Periyasamy
Coram
N. Anand Venkatesh
Case details
As recorded by the court registry
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