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Madras High CourtSA/324/2012dismissed

K.Sundarajan v. K.Sampoornam

2018-06-22Honourable Mr Justice S. Baskaran2 pages

S.A.No.324 of 2014 S.A.No.324 of 2012 N.ANAND VENKATESH,.J.

The Second Appeal is admitted and the following substantial questions of law are framed:

a) Whether the principle of actio personalis moritur cum persona will apply since the defendant/appellant died during the pendency of this Second Appeal and the suit itself was filed by the respondent/plaintiff on the ground of the defamatory statement made by the defendant/appellant against the plaintiff?

b) Whether the subsequent event that has taken place during the pendency of this Second Appeal will bring to an end the very cause of action based on which the suit was filed since the nature of allegation will confine itself only to the defendant/appellant and its consequences cannot spill over to his legal representatives ? c) Whether the findings of both the Courts below suffers from perversity due to improper appreciation of oral and documentary evidence available on record ?

2.The learned counsel appearing on either side shall address their arguments on the substantial questions of law framed by this Court. Registry is directed to print the name of Mr.P.Mani, learned counsel appearing on behalf of the respondent. https://www.mhc.tn.gov.in/judis 1 / 2

S.A.No.324 of 2014 N.ANAND VENKATESH, J.

KP 3.Post this case for final hearing on 15.06.2022. 20.04.2022 Internet: Yes KP Note: Issue order copy today S.A.No.324 of 2012 https://www.mhc.tn.gov.in/judis 2 / 2