The High Court of Madras dismissed the second appeal for default as the appellants had not provided instructions to their counsel and the legal representatives of the deceased respondent were not brought on record.
Second Appeal is dismissed for default. No order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2016
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Second Appeal No.1687 of 1996
1.Perumalsamy
2.Bakiyam ...Appellants/Plaintiffs
Vs
1.S.R.V Nelagiri Chettiyar
2.Rajamani ... Respondents/Defendant
Prayer:- Second Appeal has been filed under Section 100 of
C.P.C., against the judgment and decree dated 30.03.1994 in
A.S.No.93 of 1991 passed by the learned Subordinate Judge,
Gobichettipayalam, confirming the judgment and decree dated
10.07.1991 in O.S.No.589 of 1989 passed by the learned District
Munsif, Sathyamangalam.
For Appellants : Mr.B.Kumarasamy
For R.1 : Died
For R.2 : Mr.V.Nicholas
JUDGMENT
When the matter was called on 11.11.2016, there was no representation for the appellants. Hence, the matter was directed to be listed today (22.11.2016) under the caption “for dismissal”.
2.Today, the learned counsel on record for the appellants appeared and made a submission that he has no instruction from the appellants. Without instruction from the appellants, the learned counsel is unable to argue the matter before this Court.
3.It is reported by the learned counsel for the respondents that the first respondent died long before. It is seen from the records that no steps have been taken by the appellants to bring on record the legal representatives of the deceased first respondent.
4.In view of the above position, keeping this Second Appeal pending will not serve any purpose further. Accordingly, the second appeal is dismissed for default. There shall be no order as to costs.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
jbm
To
1.The Subordinate Judge,
Gobichettipayalam.
2.The District Munsif,
Sathyamangalam.
3.The Section Officer
VR Section High Court Madras
Second Appeal No.1687 of 1996
pk(co)
aa20/12/2016
1 provisions across 1 enactments
Perumalsamy
Bakiyam
S.R.V Nelagiri Chettiyar
Rajamani
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
