2026 Supreme(Online)(Mad) 31589

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Sakthivel, J
N.Ramakrishnan – Appellant
Versus
Shanmugham – Respondent
C.M.P.No. 8083 of 2005 | A.S.No.70 of 1997 | O.S.No.127 of 1988

Appeal abates upon appellant's death if no legal representatives pursue it.

Headnote:The second appeal under Section 100 of the Code of Civil Procedure, 1908, challenged judgments from lower courts in a civil suit. Facts reveal the sole appellant's death prior to the hearing, with counsel filing a memo confirming no instructions from legal heirs. Court found the appeal abated due to the appellant's death and lack of representation. Issues centered on abatement upon death without substitution. Ratio decidendi holds that appeals abate if no steps taken by legal representatives post-appellant's death.

Result: Appeal dismissed as abated, no costs ordered, connected petition closed.