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2026 Supreme(Online)(Mad) 30951
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR, J
R.N.Elumalai – Appellant
Versus
Loganayakiammal @ Logammal (deceased) – Respondent
C.M.P.No.27357 of 2019|S.A.No.9 of 2020|S.A.No.10 of 2020
Advocates:
For Appellant : Mr.T.Srinivasa Raghavan
For Respondents: Mr.R.Munusamy for R1
For Appellant : Mr.T.Srinivasa Raghavan
For Respondents: Mr.R.Munusamy for R1
Important Points
Second appeals abate due to death of sole appellant without substituting legal representatives.
Subject
Civil - Second Appeal
Act Referred
Headnote
First Paragraph: The appeals were filed under Section 100 of the Code of Civil Procedure to set aside judgments and decrees of lower courts confirming dismissal of suits. Essential facts include death of the sole appellant recorded on 12.08.2024 without substitution of legal representatives. Court found non-substitution fatal to appeals. Second Paragraph: Key issue framed as failure to bring legal representatives on record post-appellant's death. Ratio decidendi holds appeals abate upon death of sole appellant without timely substitution. Third Paragraph:
Result: Second appeals dismissed as abated.
Result: Second appeals dismissed as abated.
C O M M O N JUDGMENT
Though the death of sole appellant was recorded by this court as early as on 12.08.2024. Till date, steps have not been taken to bring on record the Legal Representatives of the deceased sole appellant.
2. In view of the above, these second appeals are dismissed as abated.
There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
