Single judge of Madras High Court dismissed a Civil Revision Petition and a connected complaint filed under Order IX Rule 9 CPC and Section 115 CPC due to non-prosecution as no one appeared on behalf of the petitioner.
Petition dismissed as non-prosecution.
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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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Thursday, the Twelfth day of April Two Thousand and Eighteen
PRESENT
The Hon`ble Mr.Justice M.V.MURALIDARAN
CMP(MD) No.2504 of 2018
IN
CRP(MD) No.101 of 2017
1.SUBRAMANIAN (DIED)
2.MAHALAKSHMI,
3.RANI,
4.MARIMUTHU
5.CHINNASAMY ... PETITIONERS/PETITIONERS
Vs
MANICKAM, ... RESPONDENT/RESPONDENT
Prayer in CMP(MD) No.2504 of 2018:-
This Petition filed Order 9 Rule 9 of Civil Procedure Code praying to set aside and restore the order passed in C.R.P(MD). No.101 of 2017 which was dismissed as non Prosecution on 15.02.2018 the file of this Hon'ble Court and permit us to prosecute the case on merits and thus render justice.
Prayer in CRP(MD).No.101/2017:-
This Petition filed Under Section 115 of Civil Procedure Code praying to set aside the fair and decreetal order dated 20.02.2014 made in I.A.No.103 of 2010 in O.S.No.447 of 2005 on the file of learned District Munsif, Thuraiyur.
ORDER : This petition is coming on this day and upon perusing the petition and the affidavit and perused the documents placed on record filed in support thereof and hearing upon the arguments of No appearance either in person or by an Advocate for the petitioner, and MR.S.Muthukrishnan, on behalf of the Respondent and this Court made the following order:-
When the matter was taken up for hearing on 11/04/2018, there was no representation for the petitioner. Hence, the matter was https://hcservices.ecourts.gov.in/hcservices/ ordered to be posted on 12.04.2018 under the caption 'for dismissal'.
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Even today, there was no representation for the petitioner. Hence, this petition is dismissed for non-prosecution.
sd/Assistant Registrar(CS-III) / TRUE COPY /
Sub-Assistant Registrar
TO
THE DISTRICT MUNSIF, THURAIYUR
AE/JC/SAR2/26.04.2018/2P/2C
1 issue framed by the court
Whether the petition for setting aside a non-prosecution order should be allowed given the absence of petitioner's representation.
2 provisions across 2 enactments
SUBRAMANIAN (DIED)/MAHALAKSHMI/RANI/MARIMUTHU/CHINNASAMY
MANICKAM
M.V.MURALIDARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
