MELEPURATH SANKUNNI EZHUTHASSAN versus THEKITTIL GOPALANKUTTY NAIR

MELEPURATH SANKUNNI EZHUTHASSAN versus THEKITTIL GOPALANKUTTY NAIR

The cause of action for defamation does not survive the death of the appellant; appeals seeking enforcement of such rights abate on death and legal representatives have no right to be substituted.

Parties
Appellant: M.S. Ezhutbassan; Respondent: T.G. Nair
Jurisdiction
India
Judgment Date
29 November 1985
Procedural Posture
Civil Appeal / Appeal by Special Leave to Supreme Court
Outcome
Appeal dismissed as abated
Legal Topics
Defamation, Abatement of Suit, Legal Representatives, Survival of Cause of Action
Civil Procedure Tort Law Defamation Abatement of Suit Legal Representatives Survival of Cause of Action

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Parties

M.S. Ezhutbassan

Appellant

T.G. Nair

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave to Supreme Court

Legal Issues

  1. 1 Whether the right to sue/prosecute appeal survives on the death of the appellant in a defamation case
  2. 2 Applicability of abatement provisions to appeals in defamation actions
  3. 3 Right of legal representatives to be substituted and continue the appeal

Ratio Decidendi

The cause of action for defamation does not survive the death of the appellant; appeals seeking enforcement of such rights abate on death and legal representatives have no right to be substituted.

Court Disposition

Appeal dismissed as abated

Orders

  • Civil Miscellaneous Petitions Nos. 43065 of 1985 and 43066 of 1985 dismissed as not maintainable.
  • No order as to costs.