Home Church School Committee v. Shanthi Matilda

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.A. (MD) No.307 of 2009 1.Home Church School Committee rep.by its Correspondent.

2.Secretary, Home Church C.S.I.

... Appellants -vs1.Mrs.Shanthi Matilda 2.The District Educational Officer, Nagercoil Circle, Kanyakumari District.

3.The Chief Educational Officer, Kanyakumari District.

... Respondents PRAYER: Appeal against the judgment and decree, dated 14.11.2005, passed in A.S.No.199 of 2004 on the file of Principal Subordinate Court, Nagercoil, confirming the judgment and decree, dated 14.07.2004, passed in O.S.No.9 of 1999 on the file of II Additional District Munsif, Nagercoil.

For Appellants :

Mr.S.Rajasekar For Respondent 1 : Mr.V.George Raja for M/s.Ajmal Associates.

For Respondents 2 & 3 : Mr.SRA.Ramachandran, Addl.Govt.Pleader.

JUDGMENT

Learned counsel appearing for the first respondent/plaintiff submits that the first respondent is no more.

2. Having regard to the nature of the decree sought for by the plaintiff, which is personal in nature, the right to sue does not survive to her legal representatives. Therefore, this Second Appeal is dismissed, as abated. No costs. Consequently, the connected M.P.(MD) No.1 of 2009 is closed. 07.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1.Principal Subordinate Judge, Nagercoil.

2.II Additonal District Munsif, Nagercoil.

3.Section Officer, V.R. Section, Madurai Bench of Madras High Court.

S.SOUNTHAR, J.

dixit 07.06.2024