The High Court dismissed the second appeal filed under Section 100 CPC because two of the respondents died and their legal heirs were not impleaded, causing the appeal to abate.
The second appeal is dismissed as it has 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.04.2022
CORAM
THE HONOURABLE MRS. JUSTIC E R. HEMALATHA S.A.No. 1191 of 2000
Baby Ammal ... Appellant/Appellant/Plaintiff
Vs.
Prayer: Second Appeal filed under Section 100 CPC against the decree and judgment dated 07.10.1999 passed in A.S.No.44 of 1995 on the file of the II Additional District and Sessions Court cum Chief Judicial Magistrate Court, Krishnagiri, upholding the decree and judgment dated 27.08.1991 passed in O.S. No.281 of 1987 on the file of the District Munsif Court, Harur.
JUDGMENT
It is seen from records that the respondents 2 and 4 died long back and till date no steps have been taken by the appellant to implead the legal heirs of the deceased respondents 2 and 4.
ASSISTANT REGISTRAR
// TRUE COPY //
SUB ASSISTANT REGISTRAR
bga
To
Magistrate, Krishnagiri.
Copy to
The Section Officer, VR Section, High Court, Madras.
+1cc to Mr. V. Nicholas, Advocate Sr.26079 [06/05/2022]
S.A.No. 1191 of 2000
gpl[co] srg 29/04/2022
1 issue framed by the court
Whether the civil appeal can proceed when two of the respondents have died and their legal heirs have not been impleaded.
Baby Ammal
Kasivisalakshmi Ammal
Ethiraj @ Mutha Gounder
Natesan
Vellachiammal @ Rathinam
Thangeswaran
E.R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
