Kachamma Naicker vs Akkammal
2023 Latest Caselaw 3847 Mad

                                                                                        S.A.No.1716 of 2001


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 05.04.2023

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                                 S.A.No.1716 of 2001

                Kachamma Naicker                             ... Appellant / Appellant / Plaintiff

                                                       Vs.

                1.Akkammal
                2.S.M.Jayabalan
                3.Duraisamy
                4.Dhanraj                                    ... Respondents / Respondents /
                                                                                         Defendants


                PRAYER: This Second Appeal filed under Section 100 of the Civil Procedure
                Code, praying this Court to set aside the decree and judgment dated 23.11.2000
                made in A.S.No.199 of 1999 on the file of the learned Additional District Judge
                Cum Chief Judicial Magistrate, Karur, confirming the decree and judgment dated
                31.08.1998 made in O.S.No.632 of 1988 on the file of the District Munsif Court,
                Karur.


                                      For Appellant    : Mr.K.Govindharajan,
                                                        for M/s.Sarvabhauman Associates
                                      For R1 & R3      : Mr.P.Srinivas

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https://www.mhc.tn.gov.in/judis
                                                                                         S.A.No.1716 of 2001




                                                         JUDGMENT

Today, when the matter is taken up for hearing, the learned counsel

appearing for the appellant submitted that the sole appellant died long back. As

per the Limitation Act, the application to implead the legal heir of the dead person

has to be filed within a period of ninety days from the date of death, otherwise the

appeal against dead person will be abated. Therefore, in the present case since no

steps have been taken to implead the legal heirs of the deceased sole appellant

within a period of 90 days, this Second Appeal is dismissed as abated. No costs.

05.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No

MYR

To

1.The Additional District Judge Cum Chief Judicial Magistrate, Karur.

2.The District Munsif, Karur.

https://www.mhc.tn.gov.in/judis S.A.No.1716 of 2001

3.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A.No.1716 of 2001

P.VELMURUGAN, J.

MYR

Judgment made in S.A.No.1716 of 2001

05.04.2023

https://www.mhc.tn.gov.in/judis