M.VEERAPPA versus EVELYN SEQUEIRA & ORS.

M.VEERAPPA versus EVELYN SEQUEIRA & ORS.

The question of abatement cannot be determined without establishing whether the plaintiff's claim is founded on tort, contract, or both. If founded entirely on torts, the suit abates; if partly tort, partly contract, the tort claim abates and the contract claim survives; if founded entirely on contract, the suit survives. The nature of the suit must be decided by the Trial Court based on evidence. Consequently, the Supreme Court dismissed the appeal and restored the suit for trial.

Parties
Appellant: M. Veerappa; Respondents: Evelyn Sequeira & Ors.
Jurisdiction
India
Judgment Date
13 January 1988
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal Against High Court Order
Outcome
Appeal dismissed
Legal Topics
Abatement of Suit, Negligence of Legal Practitioner, Survival of Cause of Action, Substitution of Legal Representatives
Civil Procedure Professional Negligence Succession Law Abatement of Suit Negligence of Legal Practitioner Survival of Cause of Action Substitution of Legal Representatives

Case Brief

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Parties

M. Veerappa

Appellant

Evelyn Sequeira & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal Against High Court Order

Legal Issues

  1. 1 Whether a suit for damages against counsel abates on death of plaintiff
  2. 2 Whether cause of action survives to legal representatives under Indian Succession Act, 1925 and CPC

Ratio Decidendi

The question of abatement cannot be determined without establishing whether the plaintiff's claim is founded on tort, contract, or both. If founded entirely on torts, the suit abates; if partly tort, partly contract, the tort claim abates and the contract claim survives; if founded entirely on contract, the suit survives. The nature of the suit must be decided by the Trial Court based on evidence. Consequently, the Supreme Court dismissed the appeal and restored the suit for trial.

Court Disposition

Appeal dismissed

Orders

  • The suit stands restored to the file of the Trial Court for disposal in accordance with law and the guidelines given in this judgment.
  • Parties to bear their own costs.