In a second appeal under Section 100 CPC, the Madras High Court held the appeal abated because the sole appellant died and no legal heirs were impleaded before hearing.
Second Appeal stands abated. No 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 : 06.04.2022
CORAM
THE HONOURABLE MRS. JUSTIC E R. HEMALATHA
S.A.No. 1210 of 2007
R.Periakaruppan .. Appellant/Plaintiff
Vs.
1.Velumani
2.Sakthivel
3.S.Pushpa
4.S.Kalaiselvi
5.Premavathy
6.Veerammal ... Respondents/Defendants
Prayer: Second Appeal filed under Section 100 Civil Procedure against the decree and judgment dated 15.09.2006 in A.S.No.152 of 2005 on the file of the Additional Sub Court, Salem, confirming the Judgment and Decree dated 01.06.2005 in O.S.No.994 of 2004 on the file of the I Additional District Munsif Court, Salem.
For Appellant : No appearance
For Respondents : Mr.A.Sivaji
JUDGMENT
It is seen from the records that the sole appellant died long back and till date no steps have been taken by the appellant to implead the legal heirs of the deceased sole appellant.
2.Today, when the matter is taken up for hearing, there is no representation for the appellant.
3.In view of the above, the Second Appeal stands abated. No costs.
Sd/-
Assistant Registrar(CS-VII)
//True Copy//
Sub Assistant Registrar
mtl To 1. The Additional Subordinate Judge, Salem. 2. The I Additional District Munsif, Salem. 3. The Section Officer, VR Section, High Court, Madras. +1cc to Mr.A.Sivaji, Advocate, S.R.No.24635 S.A.No.1210 of 2007 AK(CO) SB(19/04/2022)
1 issue framed by the court
Whether the second appeal is maintainable when the sole appellant has died and no legal heirs have been impleaded.
1 provisions across 1 enactments
R. Periakaruppan
Velumani
Sakthivel
S. Pushpa
S. Kalaiselvi
Premavathy
E.R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
