Ramakrishnan v. S.Durairaj
Case brief
What is this about?
Abatement of appeal; death of sole appellant on 15.12.2019; failure to substitute legal representatives within the stipulated period of limitation; Section 100 CPC second appeal; S.A.(MD)No.598 of 2005; against A.S.No.3 of 2004 (Sub Court, Tuticorin, dt. 01.12.2004) confirming O.S.No.244 of 1999 (Additional District Munsif Court, Tuticorin, dt. 18.08.2003); plaintiffs/Respondents 1 & 2: S.Durairaj and S.Dharmaraj; defendants: Arulmughu Vishwanatha Swami Kovil (D1/R3), Ramakrishnan (D2/appellant), The Assistant Commissioner, HR & CE, Tuticorin - 1 (D3/R4); dismissed as abated with no costs; Justice V. Sivagnanam; decision date 02.01.2025.
What did the court decide?
Since the sole appellant died on 15.12.2019 and no steps were taken within the stipulated period of limitation, the Second Appeal is dismissed as abated, with no order as to costs.