The second appeal filed under Section 100 CPC was dismissed for non-prosecution as the appellant failed to appear on the two hearings scheduled, after being given opportunities to implead the legal representative of the deceased first respondent.
The second appeal (Second Appeal No.943 of 2004) and the connected C.M.P. No.6983 of 2004 were closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2013
CORAM:
THE HONOURABLE MR.JUSTICE R. KARUPPIAH
Second Appeal No.943 of 2004 and C.M.P.No.6983 of 2004
Saraswathi .. Appellant/defendant -Vs1.Jothibai 2.Saraswathiammal 3.C.P.Seetharaman 4.The President, Sir, Thiyagraya Board of Management and Educational Trust, Thiyagaraya College, Washermenpet, Chennai 21. .. Respondents/plaintiffs Second appeal filed under Section 100 CPC as against the judgment and Decree dated 31.10.2003 passed by the District and Sessions Judge(Fast Track Court), Vellore, in A.S.No.107 of 2002, confirming the judgment and decree dated 25.01.2002 passed by the District Munsif, Tiruppathur in O.S.No.104 of 1989.
For Appellant : No Appearance For Respondents 2 to 4 : Mr.V.Raghavachari JUDGMENT
When the second appeal was taken up for hearing on 21.11.2013, there was no representation for the appellant. The learned counsel for the respondents 2 to 4 represented that the first respondent died in the year 2004 and so far no steps have been taken to implead as legal representative of the deceased first respondent on record. Hence, the matter was adjourned to 5.12.2013 for taking steps and on that day also there was no representation for the appellant and steps
also not taken to implead the legal representative of the first respondent on record. Therefore, for giving one more chance to the appellant, the second appeal was directed to be posted under the caption 'for dismissal' on 6.12.2013. In spite of it, today also there was no representation for the appellant either in person or through counsel. Therefore, the second appeal is dismissed for nonprosecution. There is no order as to costs. Consequently, connected C.M.P.No.6983 of 2004 is closed.
cla
Sd/
Assistant Registrar
/True Copy/
Sub Assistant Registrar
To:
1. The District and Sessions Judge,
Vellore.
2. The District Munsif,
Thirupathur.
3. The Section Officer, V.R.Section,
High Court, Madras.
+1 C.C. To Mr.V.Rahavachari Advocate Sr.No.63751
S.A.No.943 of 2004
CNR(CO)
sd 07/01/2014
Colour shows how this judgement treated each authority
None citedReferred
1 provisions across 1 enactments
Saraswathi
Jothibai
Saraswathiammal
C.P. Seetharaman
The President, Sir, Thiyagraya Board of Management and Educational Trust
R. Karuppiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
