The High Court of Madras dismissed this civil miscellaneous petition filed under Section 151 of the CPC. The court noted the absence of the petitioner's representation during hearings on 26.11.2018 and 29.11.2018, resulting in the petition being dismissed for default.
The civil miscellaneous petition was dismissed for default due to non-appearance.
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 : 29.11.2018
Coram:
The Honourable Mr.Justice R.PONGIAPPAN
CMP No.13368 of 2018
in Tr.C.M.P.No.1002 of 2017
Mrs.Durgadevi .. Petitioner/Petitioner
Versus
Mr.Lakshmikanthan .. Respondent/Respondent
PRAYER: This Civil Miscellaneous petition is filed under Section 151 of the Civil Procedure Code to set aside the order of dismissal for non-prosecution dated 13.03.2018 made in Tr.C.M.P.No.1002 of 2018 and restore the Tr.C.M.P.No.1002 of 2018 on the file of this Court.
Tr.C.M.P.No.1002 of 2018:-
To withdraw the HMOP.No.110/2016 pending on the file of the Subordinate Judge, Gudiyattam and to transfer the same to the file of the Subordinate Judge, Villupuram to be tired along with H.M.O.P.No.176 of 2014.
For Petitioner : No appearance For Respondent : No appearance
ORDER
This Civil Miscellaneous petition is filed under Section 151 of the Civil Procedure Code to set aside the order of “dismissal” for non-prosecution dated 13.03.2018 made in Tr.C.M.P.No.1002 of 2018 and restore the Tr.C.M.P.No.1002 of 2018 on the file of this Court.
representation on behalf of the petitioner. Therefore, the Civil Miscellaneous Petition is dismissed for default. No costs.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
sbn
To
1. The Subordinate Judge,
Gudiyattam.
2. The Subordinate Judge,
Villupuram.
CMP No.13368 of 2018
in Tr.C.M.P.No.1002 of 2017
KJ(CO)
CS/10/01/2019
1 issue framed by the court
Whether the civil miscellaneous petition should be allowed to set aside the order of dismissal for non-prosecution.
1 provisions across 1 enactments
Mrs. Durgadevi
Mr. Lakshmikanthan
R.PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
