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SUPREME COURT OF INDIA

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PETITIONER:

MELEPURATH SANKUNNI EZHUTHASSAN

Vs.

RESPONDENT:

THEKITTIL GOPALANKUTTY NAIR

DATE OF JUDGMENT29/11/1985

BENCH:

MADON, D.P.

BENCH:

MADON, D.P.

OZA, G.L. (J)

CITATION:

1986 AIR 411 1985 SCR Supl. (3) 805

1986 SCC (1) 118 1985 SCALE (2)1098

CITATOR INFO :

RF 1988 SC 506 (9TO12)

ACT:

Abatement of Appeal - Maxim Action Personalis Moritur

cum persona" (A personal action dies with the person),

applicability of - Right to sue/prosecute appeal whether

survives on the death of the appellant in an appeal arising

out of a defamation case Right to be represented by Legal

Representatives, application maintainability of - Code of

Civil Procedure, 1908 order XXII Rules 1 and 11 read with

section 306 of the Indian Succession Act, 1925 and Order XV

Rules 32 and 33 of the Supreme Court Rules, 1966.

HEADNOTE:

The appellant filed a suit in the Court of the

Subordinate Judge, Ottappalam against the Respondent

claiming a sum of Rs. 5500 as damages for defamation. The

Trial Court dismissed the suit with costs. In First appeal

preferred by t