This appeal was dismissed as abated because the court could not contact the appellants despite counsel's efforts, owing to the death of the 1st respondent and an undeliverable notice to the 2nd respondent.
The second appeal is dismissed as an abated suit.
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: 16.03.2022
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH SA.No.228 of 2014
N.Kuppyammal (died)
Vs.
Prayer: Second Appeal filed under section 100 of the Code of Civil Procedure to set aside the Judgement and decree dated 30.08.2013 made in A.S.No.10 of 2013 on the file of the I Additional Sub Court, Erode, modifying the judgment and decree dated 25.11.2011 made in O.S.No.757 of 2007 on the file of Principal District Munsif Court, Erode.
JUDGMENT
The notice that was sent to the 2nd respondent has been returned with an endorsement “insufficient address”. An affidavit of service has also been filed in this regard. It is also brought to the notice of this Court that the 1st respondent has died in the year 2018 itself. Inspite of his best efforts, the counsel is not in a position to get in touch with the
appellants. In view of the same, this second appeal is dismissed as abated.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
rka
To
Copy To:-
The Section Officer VR Section, High Court Madras.
+1cc to Mr.S.Kaithamalai Kumaran, Advocate SR.No.18049
SA.No.228 of 2014
SPD(CO) GN(25/03/2022)
1 issue framed by the court
Whether this second appeal can be proceeded with when the respondent died in 2018 and notice to the second respondent failed due to insufficient address, preventing service.
1 provisions across 1 enactments
N. Kuppyammal (died)
R. Ruckmani
K. Marichamy
Devi
Manjula
P. Nachayee
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
