AMARSAI AMAR SINGH NETAM Vs. NC NAHAR

JUDGEMENT

(1.) HEARD.

(2.) THE appellant has filed this appeal against the order dated 08.04.2009 passed by the Commissioner, Workmen's Compensation-cum-Labour Court, Jagdalpur (CG) (for brevity 'the Commissioner') in Case No.B/11/WC Act/ Fatal/2008.

(3.) IN the matter of Melepurath Sankunni Ezhuthassan v. Thekittil Geopalankutty Nair reported in AIR 1986 SC 411 the Hon'ble Supreme Court has held that 'where a suit for defamation is dismissed and the plaintiff has filed an appeal, what the appellant-plaintiff is seeking to enforce in the appeal is his right t sue for damages for defamation and as this right does not survive his death, his legal representative has no right to be brought on record of the appeal in his place and stead if the appellant dies during the pendency of the appeal. The position, however, is different where a suit for defamation has resulted in a decree in favour of the plaintiff because in such a case the cause of action has merged in the decree and the decreetal debt forms part of this estate and the appeal from the decree by the defendant becomes a question of benefit or detriment to the estate of the plaintiff-respondent which his legal representative is entitled to uphold and defend and is, therefore, entitled to be substituted in place of the deceased respondent-plaintiff.