This judgment dismisses a suit for non-prosecution. The plaintiff failed to let in evidence after five adjournments before the Additional Master and did not appear in court on the hearing date.
Suit dismissed for non-prosecution. No costs awarded.
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1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2018
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.569 of 2011
S.Syed Mohammed Ali ... Plaintiff
Versus
1.S.Suhaina Banu
2.Farjana Parvin
3.Sartaj Ayeesha
4.Tajmul Sulaiman ... Defendants
Plaint filed under Order VII Rule 1 of C.P.C. r/w. Order IV Rule 1 of Original Side Rules praying to pass a judgment and decree:
(a) directing the defendants 1 to 4 jointly and severally pay a sum of Rs.1,20,00,000/- (Rupees one crore twenty lakhs only) with further interest at the rate of 6% p.a. from the date of plaint till date of realization;
(b) directing the defendants 1 to 4 to bear the cost of
the suit and
(c) for costs of the suit.
For Plaintiff : No appearance
2
R.SUBRAMANIAN, J.
dsa
J U D G M E N T
The defendants were set exparte and the matter was referred to the
learned Additional Master for recording exparte evidence. Despite five adjournments before the learned additional Master – I, the plaintiff has not chosen to let in evidence. Even today, when the matter is posted before the
Court none appears for the plaintiff.
16.02.2018
List of the witnesses examined on the side of the plaintiff : Nil
List of Exhibits marked on the side of the plaintiff: Nil
16.02.2018
dsa
C.S.No.569 of 2011
2 issues framed by the court
Whether the suit should be dismissed for want of prosecution after repeated adjournments and non-appearance of the plaintiff.
Whether the plaintiff's failure to let in evidence after referral to the Additional Master warrants dismissal.
1 provisions across 1 enactments
S.Suhaina Banu
Farjana Parvin
Sartaj Ayeesha
Tajmul Sulaiman
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
