Supreme Court · 1985 INSC 245 · Decided 29 November 1985
Melepurath Sankunni Ezhuthassan v. Thekittil Gopalankutty Nair
- Court
- Supreme Court of India
- Citation
- 1985 INSC 245 · [1985] SUPP. 3 S.C.R. 805
- Case number
- CIVIL APPEAL No. 91/1972
- Decided
- 29 November 1985
- Bench
- D.P. MADON, G.L. OZA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Succession Act Section 306
Headnote
B Abatement of Appeal - Maxim "Actio Fersonalis lloritur cum persona" (A personal action dies with the person), applicability of - Right to sue/prosecute appeal whether survives. on the death of the appellant in an appeal ar.ising out of a defamation case - Right to be represented by read with section 306 of the Indian Succession Act, 1925 and Order XV Rules 32 and 33 of the Supreme Court Rules, 1966. · The appellant filed a suit in the Court of the Subordinate D Judge, Ottappalam againat the Respondent cldmfng a sum of Ila. 5500 as damages for defamation. The Trial.
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