Vs
Case brief
What is this about?
The court dismissed the appellant's second appeal for default. Despite previous restoration and direcitons to serve notice and comply, the appellant failed to take steps, resulting in the dismissal of the pending appeal.
What did the court decide?
The second appeal is dismissed for default. No costs.
What the court decided
A compact analysis
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2017
CORAM
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN
S.A.No.118 of 1987
Dhanalakshmi ...Appellant/Plaintiff
Vs. Kuppan ...Respondent/Defendant
Prayer:- This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 22.09.1986 made in A.S.No.9 of 1986 on the file of the learned Additional District Judge, North Arcot at Vellore in confirming the judgment and decree dated 27.03.1985 made in O.S.No.517 of 1981 on the file of the learned District Munsif Court of Ranipet.
For Appellant : Mr.P.Subburaj For Respondent : No appearance JUDGMENT
This appeal was dismissed on 01.07.1999 for nonprosecution and thereafter, an application to restore the appeal was filed and in that application, notice was ordered to the respondent for restoring the appeal. However, the records reveal that despite private notice served on the respondent on 09.03.2010 there was no representation for the respondent and the miscellaneous petition was allowed. Thereafter, this Court directed the appellant to take fresh notice to the respondent on 08.04.2015 and private notice was also permitted. Till date, the appellant has not complied with the said order of this Court dated 08.04.2015.
Issues for consideration
1 issue framed by the court
Whether the second appeal can be kept pending due to the appellant's default in taking fresh notice.
Parties & counsel
- appellant
Dhanalakshmi
- respondent
Kuppan
Coram
G. Jayachandran
Case details
As recorded by the court registry
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