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2026 Supreme(Online)(Mad) 33414
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, J
Ramasamy – Appellant
Versus
Abdul Sathar – Respondent
SA. (MD)Nos.862 and 863 of 2008
Advocates:
For the Appellants/Petitioners: Mr.S.Ramesh
For the Respondents: Mr.V.Sundarraj
For the Appellants/Petitioners: Mr.S.Ramesh
For the Respondents: Mr.V.Sundarraj
Important Points
Failure to implead legal representatives of deceased party causes abatement of appeal.
Subject
Civil - Appeal Abatement
Act Referred
Headnote
First Paragraph: Under Section 100 of the Code of Civil Procedure, appeals were filed against judgments in AS No.2/2007 and OS No.4/2005. The respondent died on 20.11.2001, with a memo filed on 27.07.2022. The court found no steps taken by appellant to implead legal representatives. Second Paragraph: Issue: Whether appeals abate due to failure to substitute deceased respondent's legal heirs. Ratio: Non-impleadment of legal representatives after death leads to abatement of proceedings. Last Paragraph: Appeals stand abated and are closed.
| Table of Content |
|---|
| 1. respondent's death and memo filing noted. (Para 1) |
| 2. non-impleadment causes appeal abatement. (Para 2) |
JUDGMENT
In this case, the sole respondent had died on 20.11.2001 and a memo was also filed before this Court to that effect on 27.07.2022. Till date, no steps have been taken on the side of the appellant to implead the legal representatives of the deceased respondent.
2. In view of the above, these appeals stand abated and accordingly, the same is closed. No costs.
