In this second appeal, the Allahabad High Court dismissed the matter as abated because the appellant failed to implead the legal heirs of respondents who had died long ago, despite the case dating back to 2010.
The second appeal is dismissed as abated. No costs. Consequently connected miscellaneous petition is closed.
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 : 03.03.2022
CORAM
THE HONOURABLE MRS. JUSTIC E R.HEMALATHA
S.A.No. 447 of 2010 and M.P. No.1 of 2010
K.J. Lourdhu Samy ... Appellant
... Respondents
Prayer: Second Appeal filed under Section 100 CPC against the decree and judgment dated 18.11.2009 on the file of the Principal District Judge, Vellore, in A.S. No.28 of 2006, upholding the decree and judgment dated 03.04.2006 on the file of the Additional Subordinate Judge, Vellore, in O.S. No.278 of 1998.
JUDGMENT
It is seen from the records that the respondents 1 to 3 died long back and till date no steps have been taken by the appellant to implead the legal heirs of the deceased respondents.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
bga
To
S.A.No. 447 of 2010
PMK[co] NSK 25/03/2022
1 issue framed by the court
Whether the second appeal can be allowed when legal heirs of deceased respondents remain non-impleaded.
1 provisions across 1 enactments
K.J. Lourdhu Samy
Lourdhu Mary
K.J. Anthonysamy
Philomina
E. R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
