This second appeal was dismissed as abated because the sole appellant died in 2018 without taking steps to join an heir or legal representative despite multiple adjournments for this purpose.
Set aside the second appeal and dismiss it as 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.
S.A.(MD)No.612 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 15.03.2022
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
S.A.(MD)No.612 of 2015
Mariarathinam .. Appellant / Appellant / Defendant Vs.
1.Lakshmi Pappa 2.Babu 3.Sobhia Banu (2 & 3 respondents through their
power of attorney the 1st respondent) .. Respondents/ Respondents /
Plaintiffs
Prayer : This Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree, dated 24.03.2015, made in A.S.No.27 of 2014, passed by the Principal Sub Court, Tirunelveli, confirming the judgment and decree, dated 19.09.2013, made in O.S.No.270 of 2010, passed by the 1st Additional District Munsif Court, Tirunelveli.
For Appellants : Mr.T.Selvan For Respondent No. 1 : Mr.N.Tamilmani R2 and R3 : power of attorney
JUDGMENT
This second appeal has been filed against the judgment and decree, dated 24.03.2015, made in A.S.No.27 of 2014, passed by the Principal Sub Court, Tirunelveli, confirming the judgment and decree, dated 19.09.2013, made in O.S.No.270 of 2010, passed by the 1st Additional District Munsif Court, Tirunelveli.
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S.A.(MD)No.612 of 2015
for dismissal”. Even today (ie.15.03.2022), the matter was taken in the list, steps for the deceased appellant was not filed.
Sd/Assistant Registrar (CS III)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
Ls To
1.The Principal Sub Court, Tirunelveli,
2.The 1st Additional District Munsif Court, Tirunelveli.
3.The V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES)
+1 CC to M/s.N.TAMILMANI, Advocate ( SR-12268[F] dated 15/03/2022 )
S.A.(MD)No.612 of 2015
15.03.2022
SS/25.03.2022 : 2P/6C
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1 issue framed by the court
Whether a second appeal filed by a deceased appellant can proceed in the absence of representation for the deceased.
Mariarathinam
Lakshmi Pappa
Babu
Sobhia Banu
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
