The Employees Insurance Corporation vs M/S. Sri Narasimha Swamy Industries
2025 Latest Caselaw 1816 Tel

Telangana High Court

The Employees Insurance Corporation vs M/S. Sri Narasimha Swamy Industries on 5 February, 2025

Author: T.Vinod Kumar

Bench: T.Vinod Kumar, P.Sree Sudha

          THE HON'BLE SRI JUSTICE T. VINOD KUMAR
                           AND
          THE HON'BLE SMT. JUSTICE P.SREE SUDHA

                     C.M.A. No.929 of 2019

JUDGMENT:

(per Hon'ble Sri Justice T.Vinod Kumar)

This Civil Miscellaneous Appeal is filed aggrieved by the

order, dt.12.06.2019 passed in EIC.No.7 of 2013 on the file of

the Employees Insurance Court and the Chairman, Industrial

Tribunal-1, Hyderabad, against the appellants herein

respondent.

2. Heard learned counsel for the appellants and perused the

record.

3. A perusal of the record shows that the notice sent to the

sole respondent was returned unserved with postal

endorsement 'adddressee deceased hence returned to sender'.

4. Learned counsel appearing for the appellants does not

dispute the said fact of the proprietor of the sole respondent had

deceased.

5. Rule 4 of Order 22 CPC prescribes the procedure in case

of death of a sole respondent. Sub-rule (3) of Rule 4 of Order 22

CPC provides that where no application is made to cause the

legal representative of the deceased respondent to be made

party, the appeal shall abate as against the

deceased respondent.

6. In view of the above, this CMA stands abated against the

sole respondent and it is accordingly dismissed.

7. Consequently, miscellaneous applications pending, if any,

shall stand closed in the light of this final order. No order as to

costs.

_____________________ T. VINOD KUMAR, J

___________________ P.SREE SUDHA, J Date:05.02.2025

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