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1985 Supreme(SC) 383

D.P.MADAN, G.L.OZA
Melepurath Sankunni Ezhuthassan – Appellant
Versus
Thekittil Geopalankutty Nair – Respondent


Judgement Key Points

Certainly. Here are the key points from the legal document you provided:

  1. The appellant died during the pendency of the appeal, and the question was whether the appeal abated due to his death (!) .

  2. The suit involved a claim for damages for defamation, which was dismissed by the trial court, and the appellant had filed an appeal against this decision (!) .

  3. The applicable procedural rules indicate that the death of a sole plaintiff or appellant does not automatically cause the appeal or suit to abate if the right to sue survives; otherwise, it abates (!) .

  4. Under the relevant law, causes of action for defamation do not survive the death of the plaintiff, meaning the right to sue for damages for defamation terminates upon the plaintiff's death (!) (!) .

  5. Since the appellant's cause of action for damages for defamation did not survive his death, his legal representatives had no right to be substituted as parties in the appeal after his death (!) (!) .

  6. Consequently, the appeal abated automatically upon the appellant's death, and the legal representatives could not be brought on record to continue the appeal (!) .

  7. The appeal was therefore dismissed on the grounds of abatement, and the related civil miscellaneous petitions were also dismissed as not maintainable (!) .

  8. The amount deposited as security for costs was ordered to be refunded to the heirs and legal representatives of the appellant (!) .

Please let me know if you need further analysis or assistance with this case.


JUDGMENT

MADON, J.:— On May 16, 1983, the Appellant died during the pendency of this Appeal by Special Leave granted by this Court, leaving behind him surviving two grand-sons and two grand-daughters as his only heirs and legal representatives. On November 4, 1985, one grand-son and one grand-daughter filed Civil Miscellaneous Petition No.43065 of 1985 to bring themselves and the other grand-son and grand-daughter on the record of the Appeal in place of the Appellant. As the said application was filed beyond time, they filed another Civil Miscellaneous Petition, namely, Civil Miscellaneous Petition No. 43066 of 1985, to condone the delay and to set aside the abatement of the Appeal. The question which falls to be determined is whether by reason of the very fact of the death of the Appellant the Appeal has abated, because if it has, the question whether the delay in filing the two applications for substitution and for setting aside the abatement of the appeal by reason of the expiry of time should be condoned will not arise.

2. The facts material for deciding the above question may be briefly stated. The Appellant filed a suit in the Court of the Subordinate Judge, Ottappalam, again

















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