IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 AS.No. 409 of 1998() -------------------- OS.65/1994 of SUB COURT, PALA .................... APPELLANT/PLAINTIFF --------------------------------- JOSE KURUVINAKKUNNEL @ KURUVACHEN S/O.KURUVILA JOSEPH, KURUVINAKUNNEL POOVARANI KARA, POOVARANI VILLAGE BY ADV. SRI.P.R.VENKETESH SRI.P.R.RAJA RESPONDENT/DEFENDANT --------------------------------------- 1. BABUJI JOSE, S/O.KURUVILA JOSEPH KURUVINAKKUNNEL, NOW RESIDING AT KATTAKKERI ESTATE MADE PO )( DIED AND LRS IMPLEADED MARCARA, KARNATAKA STATE 2. ROSHNI BABUJI, W/O.LATE BABUJI JOSE RESIDING AT KATTAKKARI ESTATE MADE PO, MARCARA, KARNATAKA STATE 3. JOSEPH @ JOPPU BABUJI, S/O.-DO- -DO- 4. HAMITHA JUSTIN MENDEX ZEDEM STEELS, KANNANKULANGARA THRIPUNITHURA 682 301 5. SMITHA JACOB GEORGE KIZHAKKETHALAKKAL, MANNARKAYAM KANJIRAPPALLY, KOTTAYAM – 686 507 (LRS OF DECEASED R1 ARE IMPLEADED AS ADDL.R2 TO R5 AS PER ORDER DATED 14.10.2011 ONIA NO.2652 OF 2011) ADV. SRI.MATHEW JOHN (K) SRI.M.L.SAJEEVAN FOR R2-5 SRI.M.N.SANJITH FOR R2-5 THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 25.11.2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- AS No.409 of 1998-B ------------------------------------- Dated this the 25th day of November 2011 Judgment The plaintiff in a suit for damages for defamation, is the appellant. It is unnecessary to go into the facts in detail for the simple reason that this appeal can be disposed of on a short ground. 2. The suit was dismissed by the court below. While the appeal was pending, the defendant died. The question is whether the cause of action survives even after the death of one of the parties. The answer is obviously 'no', in view of Section 306 of the Indian Succession Act. Moreover, in the decision in Melepurath Sankunni Ezhuthassan v. Thekittil Gopalankutty Nair (1986) 1 SCC 118), the Apex Court has held that where during the pendency of appeal against the dismissal of a suit for damages for defamation the plaintiff-appellant/respondent dies, the proceedings cannot continue as the cause of AS 409/98 2 action does not survive. In the light of the principle contained in the said decision, this appeal is only to be dismissed. I do so. However, there will be no order as to costs. P.Bhavadasan, Judge sta AS 409/98 3