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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.SOUNTHAR, J.
The Commissioner – Appellant
Versus
T.V.Thanappan Yathav – Respondent
S.A(MD)No.491 of 2006
Decided on : 29-07-2024
CIVIL PROCEDURE - SECOND APPEAL - The court dismissed the Second Appeal under Section 100 of the Civil Procedure Code as abated against certain respondents due to their death, confirming the lower court's decision and concluding that there was no necessity to keep the appeal pending against the remaining respondents.
Fact of the Case:
The Second Appeal was filed against the judgment and decree made in A.S.No.150 of 1996, which confirmed the judgment in O.S.No.162 of 1985. The appeal was already dismissed against several respondents.
Finding of the Court:
The court found that the appeal was abated against respondents 2 to 5 and 7 due to their death, and since the appeal was already dismissed against other respondents, it was unnecessary to keep the appeal pending.
Issues: Whether the Second Appeal can proceed in light of the deaths of certain respondents and the previous dismissals.
Ratio Decidendi: The court held that the appeal abated against deceased respondents and that the dismissal of the appeal against other respondents rendered the continuation of the appeal unnecessary.
Result: The Second Appeal was dismissed with no costs.
JUDGMENT :
S.SOUNTHAR, J.
PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.150 of 1996, dated 27.4.2000, on the file of Additional District Court-cum-Chief Judicial Magistrate, Virudhunagar at Srivilliputhur confirming the judgment and decree made in O.S.No.162 of 1985, dated 22.08.1995, on the file of Sub-Court, Srivilliputhur.
It is seen that the Second Appeal was already dismissed against respondents 1,6,8, 9 and 10. When the Second Appeal is taken up for hearing today, the learned counsel for the respondents 2 to 5 and 7 submits that his clients namely, respondents 2 to 5 and 7 died. The said statement of the learned counsel for the respondents 2 to 5 and 7 is recorded. The Second Appeal is dismissed as abated against respondents 2 to 5 and 7. Since the Second Appeal is already dismissed against other respondents, there is no need to keep this Second Appeal pending.
2. Therefore the Second Appeal is dismissed. No costs.
A Second Appeal under Section 100 of the Civil Procedure Code abates against deceased respondents, and if already dismissed against others, the appeal cannot be maintained.
The dismissal of an appeal for default underscores the necessity of active participation and adherence to procedural rules in civil proceedings.
A party may withdraw a Second Appeal, leading to its dismissal if the counsel formally indicates the intention not to pursue the case.
A party may withdraw a Second Appeal if the underlying dispute has been resolved through settlement.
The dismissal of an appeal for default underscores the necessity of representation and active participation in legal proceedings.
The dismissal of an appeal for default underscores the necessity for parties to be present and represented in court proceedings to avoid adverse outcomes.
An appeal abates upon the death of the appellant if no legal representatives are present to pursue the case.
The dismissal of a Second Appeal for default underscores the critical importance of a party's representation in legal proceedings and adherence to procedural norms.
The dismissal of appeals for default underscores the obligation of parties to appear and participate in legal proceedings, as failure to do so can result in the loss of their claims.
The dismissal of a legal appeal due to abatement highlights the necessity for parties to ensure proper legal representation in the event of expiration.
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