In a second appeal under Section 100 CPC, the High Court held that the appeal abated on 21.02.2017 when the sole respondent died and no steps were taken to file a substitute. The appeal was dismissed.
Appeal dismissed as abated due to death of sole respondent without substitute.
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.No.1107 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.01.2024
CORAM:
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
S.A.No.1107 of 2013 &
M.P.No.1 of 2013
Radhakrishnan ... Appellant
Vs.
Munnikrishnan Reddiar ... Respondent
PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure against the decree and judgment dated 15.06.2011 in A.S.No.36/2010 on the file of the Sub Ordinate Judge, Gingee confirming the decree and judgment dated 12.03.2010 in O.S.No.123/2004 on the file of the Principal District Munsif, Gingee.
For Appellant : Mr.G.Rajan
ORDER
1/6
S.A.No.1107 of 2013
The sole respondent is said to have died as early as 21.02.2017.
This is clear from the endorsement that had been made by the Central Nazir,
Subordinate Judge, Gingee. Till date, steps have not been taken. I adjourned the matter on 03.01.2024 to enable the Appellant to take steps.
Being left with no other option, as the appeal has abated as early as in the year 2017. Recording the same, this appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
18.01.2024
nl
Index : Yes/No Speaking order/Non-speaking order Neutral Citation: Yes/No
2/6
S.A.No.1107 of 2013
To
1.The Sub Ordinate Judge, Gingee
3/6
S.A.No.1107 of 2013
2.The Principal District Munsif, Gingee
4/6
S.A.No.1107 of 2013
V.LAKSHMINARAYANAN,J.
nl
S.A.No.1107 of 2013
5/6
S.A.No.1107 of 2013
18.01.2024
6/6
1 issue framed by the court
Whether the second appeal abated due to the death of the respondent without a substitute being filed.
1 provisions across 1 enactments
Radhakrishnan
Munnikrishnan Reddiar
V.Lakshminarayan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
