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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
Advocates:
For the Appellants/Petitioners: No appearance
For the Respondents: Mr.G.Rajan for R1 & R2, Mr.N.Suresh for R4
For the Appellants/Petitioners: No appearance
For the Respondents: Mr.G.Rajan for R1 & R2, Mr.N.Suresh for R4
Important Points
An appeal abates upon the death of an appellant if no legal heirs are substituted, as per procedural law.
Subject
Civil - Civil Procedure
Act Referred
Civil Procedure Code: S.100
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.
| Table of Content |
|---|
| 1. implications of appellant's death on appeal (Para 1) |
| 2. dismissal due to abatement (Para 2) |
J UDGMENT
When this matter was taken up for hearing today, the learned counsel for the 4th respondent submitted that the appellant died on 13.05.2017 and also filed a memo to that effect along with xerox copy of the Death Certificate and till date no steps have been taken to bring on record the legal heirs of the deceased appellant.
2. Hence, this Second Appeal stands dismissed as abated due to efflux of time. No costs. Consequently, all the connected miscellaneous petitions, if any stand closed.
