The High Court dismissed the Second Appeal as abated and for default. The court held that despite multiple adjournments, appellants failed to implead legal heirs of deceased parties, rendering the appeal purposeless.
Second Appeal dismissed as abated and for default. No order as to costs.
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.550 of 2003
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2024
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
S.A.No.550 of 2003
1.Arulsami Udayar
... Appellants
vs.
1.Alexander
Prayer:- Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 04.04.2002 in A.S.No.44 of 2001, passed by the learned Principal Sub Judge, Virudhachalam, confirming & reversing ( sic confirming) the judgment and decree dated 13.06.2001 in O.S.No.1150 of 1988 passed by the learned Additional District Munsif, Virudhachalam.
For appellants : Mr.H.Shabeer Ali
For respondent - 5 : Mrs.R.Meenal *****
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S.A.No.550 of 2003
J U D G M E N T
The learned counsel for the respondents would submit that in spite
of so many adjournments granted by this Court, no steps have been taken
to implead the legal heirs of the 2nd appellant.
and even against these respondents, no steps have been taken. This Court
has granted so many adjournments to the appellants to move necessary application to implead the legal heirs. In spite of providing sufficient opportunities, the appellants have not taken any steps. Hence, there is no purpose in retaining this Second Appeal.
for default. There shall be no order as to costs.
01.04.2024
Internet : Yes Index : Yes/No Speaking order/Non-speaking order apd
To
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S.A.No.550 of 2003
C.KUMARAPPAN,J.
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S.A.No.550 of 2003
apd
S.A.No.550 of 2003
01.04.2024
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1 issue framed by the court
Whether the Second Appeal should be retained when appellants failed to implead legal heirs of deceased parties.
1 provisions across 1 enactments
Arulsami Udayar
Maria Thereas
Kulandai Thereas
Prakasamary
Alexander
Ponnambala Padayachi
C.KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
