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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. SOUNTHAR, J.
Chinnadurai - Appellant
Versus
The District Collector, Collector Office, Kokkirakulam, Tirunelveli & Ors. - Respondents
S.A.(MD) No. 545 of 2009
Decided On : 12-07-2024
ABATEMENT - SECOND APPEAL - The court dismissed the second appeal as abated due to the death of the appellant, Chinnadurai, and the lack of action from his legal representatives to pursue the case.
Fact of the Case:
The appellant, Chinnadurai, filed a second appeal under Section 100 of the Civil Procedure Code against a judgment and decree from a lower court. However, he passed away on 04.02.2021, and his legal representatives did not take steps to continue the appeal.
Finding of the Court:
The court found that the appeal could not proceed due to the appellant's death and the absence of any legal representatives to pursue the matter.
Issues: Whether the second appeal can continue after the death of the appellant without any legal representatives stepping in.
Ratio Decidendi: The court held that the appeal abated upon the death of the appellant, as there were no legal representatives to take necessary actions to continue the case.
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.53 of 2007, dated 12.12.2008, on the file of Sub-Court, Sankarankovil against the judgment and decree made in O.S.No.64 of 2001, dated 22.02.2005, on the file of District Munsif-cum-Judicial Magistrate Court, Sivagiri.]
The learned Additional Government Pleader appearing for the respondents produced a copy of the Death Certificate of the appellant. A perusal of the same would suggest that the appellant Chinnadurai died on 04.02.2021. The learned counsel for the appellant submits that the legal representatives of the deceased sole appellant have not contacted him to take steps.
2. Therefore, the Second Appeal is dismissed as abated. No costs.
An appeal abates upon the death of the appellant if no legal representatives are present to pursue the case.
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 an appeal for default underscores the necessity of active participation and adherence to procedural rules in civil proceedings.
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.
An appeal abates upon the death of the sole appellant if no legal representative is substituted.
Failure to implead the legal representatives of a deceased party can lead to the abatement of the appeal.
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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