RAMKRISHNA PANDEY Vs. HARI BHOOMI DAILY NEWS PAPER

JUDGEMENT

(1.) The appeal has been filed by the appellant against judgment and decree passed by the learned Fifth Additional District Judge, Raipur passed in Civil Suit No. 18-B/2011 by which the plaintiff has filed suit for defamation against the defendants claiming Rs.1,00,000.00 which has been dismissed on 7/9/2022 by the Fifth Additional District Judge, Raipur.

(2.) During the pendency of the appeal, the appellant who was practicing advocate has expired on 20/1/2022. Learned counsel for the respondents has also filed intimation letter by bar association, Raipur addressed to the District Judge, Raipur with regard to proposal made by the bar association, Raipur for condolence and would submit that since the appellant has expired, the appeal stands abated. He would refer to the judgment of the Hon'ble Supreme Court in case of Melepurath Sankunni Ezhuthassan v. Thekittil Geopalankutty Nair (1986) 1 SCC 118 wherein Hon'ble Supreme Court has examined the issue and has held as under:-

(3.) Learned counsel for the respondent would further refer judgment of the Hon'ble Supreme Court in case of Subramanian Swamy v. Union of India, Ministry of Law and Others (2016) 7 SCC 221 wherein Hon'ble Supreme Court has held as under:-