Supreme Court of India

Melepurath Sankunni Ezhuthassan v. Thekittil Gopalankutty Nair

Neutral citation
Reported as [1985] SUPP. 3 S.C.R. 805
Bench D.P. Madon and G.L. Oza JJ.
Decided 29 November 1985

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

For the above reasons, the Appeal is dismissed as having abated.

Judgment, page 7

From the headnote

Abatement of Appeal - Maxim "Actio Fersonalis lloritur cum persona" ( 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 Legal Representatives, application c maintainability. of - Code of Civil Procedure, 1908 Order XXII Rules 1 and 11 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 Judge, Ottappalam

Where later benches applied it

Of those, 2 referred to · 1 mentioned

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