The counsel of the deceased sole appellant should have taken steps to bring on record the legal representative of his client: Madras High Court
The Madras High Court passed a judgement on 26th of April, 2023 in which it dismissed an appeal where the legal representative of the deceased sole appellant was not brought on record within 90 days. This was seen in the case of Selvaraj v. Kolappan Pillai (S.A.No.1646 of 2001 and C.M.P.No.17490 of 2001 and M.P(MD)No.1 of 2011) and the case was presided over by The Honourable Mr. Justice P. Velmurugan
FACTS OF THE CASE:
The appellant had filed a second Appeal under Section 100 of the Civil Procedure Code, against the judgment and decree passed by the District Munsif Court. Before the appeal had been considered, the appellant had passed away. He was a sole appellant and his counsel had not immediately put his legal representatives on record to continue the appeal.
JUDGEMENT:
The learned single judge held that the counsel of the deceased sole appellant should have taken steps to bring on record the legal representative of his client. The law states that the legal representative should be brought on record within 90 days of the party passing. The negligence of the counsel in his responsibility led to the appeal being dismissed as abated.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA