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Rajagopalan Vs Ananthachari — Civil Procedure and Limitation | Madras HC (2024)

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Madras HC
2024
Rajagopalan Vs AnanthachariRajagopalan v. Ananthachari

Dismissed

Rajagopalan v. Ananthachari

Madras HC6 Nov 2024SA/1378/2003

Case brief

AI extract

What is this about?

This second appeal was dismissed as abated because the sole respondent died and his legal heirs were not impleaded within the limitation period.

What did the court decide?

Appeal dismissed as abated; no order as to costs.

What the court decided

AI extract

A

S.A.No.1378 of 2003

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 06.11.2024

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

S.A.No.1378 of 2003

1.Rajagopalan

2.Jothiraman

3.Santharaman

4.Jeevan

5.Chakrapani @ Moorthy

6.Raju

7.Ravi ... Plaintiffs/Appellants Appellants 1 to 7

Parties & counsel

AI extract

appellant
Rajagopalan & Ors.
respondent
Ananthachari

Coram

AI extract

V.SIVAGNANAM

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 6 Nov 2024 · November
Registered: 18 Mar 2003
Case no.: SA/1378/2003

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Cite this judgement

Rajagopalan v. Ananthachari, SA/1378/2003 (MAD), decided on 6 November 2024.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

V.SIVAGNANAM

Parties & counsel

Outcome

Appeal dismissed as abated; no order as to costs.

Detailed headnote1 paragraphs

The appeal filed under Section 100 of the CPC stands dismissed as abated, as the sole respondent died on 29.07.2023 and no steps were taken to implead his legal heirs within the limitation period.

A compact analysis

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.

Vs.

Ananthachari ... Defendant/Respondent Respondent

PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the decree and judgment of the Principal Subordinate Judge's Court, Kumbakonam passed in A.S.No.37 of 1997, dated 11.10.2002 confirming the decree and judgment of the District Munsif Court, Valingaiman at Kumbakonam passed in O.S.No.295 of 1996, dated 02.01.1997.

1/3

https://www.mhc.tn.gov.in/judis

S.A.No.1378 of 2003

For Appellants : Mr.B.Jameel Arasu Respondent : Died

JUDGMENT

When the matter is taken up for hearing today, the learned Counsel

appearing for the appellant submits that the sole respondent died on 29.07.2023. Steps were not taken to implead the legal heirs of the deceased sole respondent within the period of limitation. Hence, this Second Appeal stands dismissed as abated. There shall be no order as to

costs.

06.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR

To

1.The Principal Subordinate Judge's Court, Kumbakonam.

2.The District Munsif Court, Valingaiman, Kumbakonam

3.The Section Officer, Vernacular Record Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

2/3

S.A.No.1378 of 2003

V.SIVAGNANAM, J.

BTR

Judgment made in S.A.No.1378 of 2003

Dated: 06.11.2024

https://www.mhc.tn.gov.in/judis

3/3

CNR

HCMD012856132017

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED AS ABATED

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