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2024 Supreme(Mad) 1493
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
Advocate Appeared:
For the Appellant : Mr.R.Nandakumar
For the Respondent: Mr.V Muthukamatchi
Important Points
The necessity for legal representatives to take timely action to substitute a deceased party in civil proceedings to avoid abatement of appeals.
Subject
Civil Law - Appeals
Act Referred
Headnote
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.
