Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. SOUNTHAR, J.
Subramania Devar - Appellant
Versus
Rathina Sabhapathy - Respondent
S.A.(MD) No. 958 of 2006
Decided On : 12-07-2024
ABATEMENT - SECOND APPEAL - The court dismissed the second appeal as abated due to the death of the sole appellant, Subramania Devar, as indicated by the returned registered letter. The legal provision under Section 100 of the Civil Procedure Code was applied, leading to the conclusion that the appeal could not proceed without the appellant.
Fact of the Case:
The appellant, Subramania Devar, filed a second appeal under Section 100 of the Civil Procedure Code against a judgment and decree from a lower court. However, a memo was filed indicating that the registered letter sent to the appellant was returned with the endorsement 'addressee deceased.'
Finding of the Court:
The court acknowledged the memo from the appellant's counsel and noted the death of the sole appellant, leading to the conclusion that the appeal could not continue.
Issues: Whether the second appeal can proceed in the absence of the sole appellant due to their death.
Ratio Decidendi: The court determined that the appeal abated as the sole appellant had died, and no legal representative was present to continue the appeal.
Result: The second appeal was dismissed as abated, with no costs awarded.
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.134 of 2005, dated 22.02.2006, on the file of Principal Subordinate Judge, Kumbakonam, confirming the judgment and decree made in O.S.No.142 of 2003, dated 21.6.2004, on the file of Principal District Munsif, Valangaiman at Kumbakonam.]
The learned counsel for the appellant filed a memo stating that the registered letter addressed to the appellant Subramania Devar returned with an endorsment "addressee deceased returned to sendor" Therefore, the learned counsel reports "no instructions".
2. Recording the memo filed by the learned counsel for the appellant, the Second Appeal is dismissed as abated, due to the death of the sole appellant. No costs.
An appeal abates upon the death of the sole appellant if no legal representative is substituted.
The necessity for legal representatives to take timely action to substitute a deceased party in civil proceedings to avoid abatement of appeals.
The dismissal of a legal appeal due to abatement highlights the necessity for parties to ensure proper legal representation in the event of expiration.
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.
The dismissal of an appeal for default underscores the necessity of representation and active participation in legal proceedings.
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.
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 Second Appeal for default underscores the critical importance of a party's representation in legal proceedings and adherence to procedural norms.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
