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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.SOUNTHAR, J.
Thayammal - Appellant
Versus
Ranjithamaniammal - Respondent
S.A(MD)No.450 OF 2009 and M.P(MD)No.1 of 2009
Decided On : 22-07-2024
ABATEMENT - SECOND APPEAL - The court dismissed the Second Appeal as abated due to the death of the sole appellant and the failure of the legal representatives to take necessary steps to continue the appeal, highlighting the importance of timely action by legal representatives in civil proceedings.
Fact of the Case:
The sole appellant in the Second Appeal has passed away, and his legal representatives did not take steps to substitute him in the appeal process.
Finding of the Court:
The court found that the appeal could not proceed as the legal representatives of the deceased appellant failed to act, leading to the dismissal of the appeal as abated.
Issues: Whether the Second Appeal can continue after the death of the sole appellant without the legal representatives being substituted.
Ratio Decidendi: The court emphasized that the Civil Procedure Code requires the substitution of legal representatives in the event of a party's death to ensure the continuity of legal proceedings.
Result: The Second Appeal was dismissed as abated, and the connected Miscellaneous Petition was closed.
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.65 of 2006, dated 17.2.2009, on the file of Principal Subordinate Court, Dindigul confirming the judgment and decree made in O.S.No.1501 of 2004, dated 13.2.2006, on the file of IInd Additional District Munsif Court, Dindigul.
The learned counsel for the appellant submitted that the sole appellant is no more. He would further submit that the legal representatives of the deceased appellant have not contacted him to take steps to bring on record the legal representatives of the deceased sole appellant.
3.Hence, the Second Appeal is dismissed as abated. No costs. Consequently, connected Miscellaneous Petition is closed.
The dismissal of an appeal for default underscores the necessity of active participation and adherence to procedural rules in civil proceedings.
An appeal abates upon the death of the appellant if no legal representatives are present to pursue the case.
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 a legal appeal due to abatement highlights the necessity for parties to ensure proper legal representation in the event of expiration.
A party may withdraw a Second Appeal, leading to its dismissal if the counsel formally indicates the intention not to pursue the case.
An appeal abates upon the death of the sole appellant if no legal representative is substituted.
A party may withdraw a Second Appeal if the underlying dispute has been resolved through settlement.
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.
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