The High Court of Judicature at Madras dismissed a civil suit filed for partition of property for non-prosecution, citing the plaintiff's consistent absence from hearings and failure to recall the suit.
The suit was dismissed for non-prosecution with no costs awarded.
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 : 16. 1 1 . 2 0 1 6
CORAM
THE HONOURABLE MR. JUSTICE C. V . K A R T H I K E Y A N
C. S . N o . 8 6 4 of 20 1 0
A.Alamelu
... Plaintiff
V s.
P R A Y E R : This Civil Suit filed under Order IV Rule 1 O.S. Rules and Order VII Rule 1 CPC, praying for the following reliefs:
(a) directing partition of the property described fully in the schedules by metes and bounds and allotment of 1/5th share thereon to the plaintiff;
(b) pass a decree for future mesne profits from this day till actual division;
(c) directing the defendants to render true and proper accounts with regard to the revenues enjoyed by them from the suit schedule properties; and
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C. V . K A R T H I K E Y A N , J.
vsg
(d) directing the defendants to pay to the plaintiffs the costs of the suit.
For Plaintiff : No appearance
J U D G M E N T
No representation on behalf of the plaintiff for the past several hearings.
They did not appear before the learned Additional Master No.I for recording evidence.
2. The matter has been posted 'for dismissal'. Today again there is no
representation if the matter was passed over and called again. It is evident that
the plaintiff is not interested in prosecuting the case. Hence, this Civil Suit is
dismissed for non-prosecution. No costs.
C. S . N o . 8 6 4 of 20 1 0
16.11.2016
vsg
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1 issue framed by the court
Whether the civil suit filed for partition of property should be proceeded given the plaintiff's non-appearance.
1 provisions across 1 enactments
C. V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
