In an appeal filed against a deceased respondent, the Court held the second appeal non-maintainable because the respondent died before the appeal was presented and the appellant did not prove she died without legal heirs.
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.
HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
S.A.No.490 of 2001
JUDGMENT:
The 2nd appellant seeks to proceed with hearing of this second appeal in the absence of any person representing the sole respondent in the appeal or to appoint Administrator General, Hyderabad or any Officer of the Court or any other person for the purpose of proceeding with the appeal to represent estate of the deceased sole respondent on the ground that she died without leaving any legal heirs.
The appellant filed certificate of death relating to the sole respondent P.Siromanamma issued by Kurnool Municipal Corporation to the effect that she died on 31.12.1999. This second appeal is filed against decree and judgment dated 28.01.2000 passed by the lower appellate Court. This appeal is presented in this Court on 29.04.2000. As per death certificate, the sole respondent died long prior to presentation of memorandum of second appeal in this Court against a dead person. This is not a matter where the sole respondent died after filing of the second appeal. Therefore, the question of invoking Order XXII, Rule 4-A CPC does not
arise. Presentation of this second appeal against a dead person is nonest in the eye of law. The appellant did not file any record from any authorities to show that the sole respondent died without any legal representatives.
In the result, the second appeal is dismissed as not
maintainable.
____________________________ SAMUDRALA GOVINDARAJULU,J
Dt.5th December, 2012
PNV
1 issue framed by the court
Whether a second appeal presented against a deceased sole respondent is maintainable when the appellant failed to show she died without legal representatives.
2nd Appellant
Sole Respondent (Deceased)
SAMUDRALA GOVINDARAJULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
