2026 Supreme(Online)(Mad) 14949

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DR. A.D. MARIA CLETE, J
P. Anbazhagan – Appellant
Versus
P. Shanmugasundaran (deceased) – Respondent
C.M.P.No.4713 of 2025

An appeal abates upon the death of an appellant if no legal heirs are substituted, as per procedural law.

Headnote:This case discusses the implications under Section 100 of the Civil Procedure Code regarding the abatement of appeals upon the death of a party. The appellant's suit was dismissed following the confirmation of lower court judgments. The court found that no action was taken to substitute the deceased appellant's legal heirs, thereby leading to the dismissal of the appeal. The main issue framed was whether the appeal could proceed in the absence of legal representatives of the deceased appellant. The court concluded that due to the lack of action to include legal heirs, the appeal stands dismissed as abated. The second appeal is dismissed as abated.