A civil suit filed for recovery of money and permanent injunction was dismissed for default because the plaintiff failed to appear or provide representation at the hearing.
The suit was dismissed for default without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2016
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYA N
C.S.No.765 of 2010
P.K.Thiagarajan
... Plaintiff
Vs.
... Defendants
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PRAYER : This Civil Suit filed under Order IV Rule 1 O.S. Rules read with Order VII Rule 1 CPC, praying for the following reliefs:
(a) a Judgment and decree against the defendants 1 to 7 jointly and severally for recovery of Rs.1,60,00,000/- (Rupees One Crore and Sixty Lakhs only) together with interest at 18% per annum from the date of plaint till date of realization;
(b) a Judgment and decree for permanent injunction restraining the 7th defendant, his men or agent or any one claiming from him from removing or encumbering or alienating or otherwise dealing with the suit schedule machineries purchased in auction and lying in factory premises of the first defendant till the realization of the entire amount due; and
(c) for costs.
For Plaintiff : No appearance
JUDGMENT
This Court had observed that continuously on 20.10.2016, 02.11.2016,
10.11.2016, there had been no representation on behalf of the plaintiff. The matter had been posted under the caption 'for dismissal'. Again there is no representation.
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2. The names of the plaintiff and the defendants have been printed in
the cause list as directed. Since the plaintiff is not interested in prosecuting the case, this Suit is dismissed for default. No costs.
23.11.2016
vsg
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C.V.KARTHIKE YA N , J.
vsg
C.S.No.765 of 2010
23.11.2016
1 issue framed by the court
Whether the civil suit should be proceeded given the plaintiff's non-appearance and lack of representation.
1 provisions across 1 enactments
M/s. Sabari Jayam Match Industries
K.R. Ravichandran
N.V. Manikandan
P. Ramadass
P. Thirumal
P.V.S. Venkatesan
C.V. Karthikeya N
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
