Case Name : Melepurath Sankunni Ezhuthassan vs Thekittil Gopalankuty Nair
Case Reference: (1985) Supp 3 SCR 805 :
Neutral Citation:
Case Number: CA 91/1972
Court: Supreme Court
Bench: 02
Coram: DP Madon (Author), GL Oza
Date: 29.11.1985
In case of an appeal, death of the plaintiff-appellant during proceedings will abate the appeal if there is only one appellant, and the right to sue does not survive. (Page 809, C-D) The legal representatives will not have any right to continue the appeal If the appellant’s right to sue survives on his death, the right to prosecute the appeal by the legal representatives also survives (Page 809, E)
Cause of action for defamation does not survive death of appellant (Page 810, C) This is only when the suit is dismissed, and the appellant-plaintiff is seeking to enforce the right to sue for damages. (Page 810, E) If there is a decree in favour of the plaintiff, since the cause of action merges into the decree, the legal representatives are entitle to defend and be substituted as respondent-plaintiff (Page 810, F)
Section 306 applies to executors, administrators and legal representatives (Page 810, G-H)
Refer also:
Judgment name
See also: CPC - Section 2(11) CPC - Order XXII rule 1 CPC - Order XXII rule 3 CPC - Order XXII rule 9 CPC - Order XXII rule 11 Indian Succession - Section 306
PDF: Melepurath Sankunni Ezhuthassan vs Thekittil Gopalankuty Nair, (1985) Supp 3 SCR 805.pdf