The High Court of Judicature at Madras dismissed a Second Appeal filed under Section 100 CPC of the Civil Procedure Code as non-prosecution due to the absence of the appellant's representation despite listing for dismissal.
Second Appeal dismissed as non-prosecution; no costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:17.12.2018
Coram:
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
Second Appeal No.1165 of 2004
Lakshmi Ammal
.. Appellant/1 st Respondent/Plaintiff
/versus/
1.Ponnusami
2.Sundararajan
3.Soundarajan
4.Oor Gounder alias Saman
5.Puthypattian Veettu
Venkatachalam grand son of
Puthupattian
.. Respondents/Appellant/Respondent
2to5/3 rd Respondents
Second Appeal has been filed under Section 100 of the Civil
Procedure Code against the judgment and decree dated 25.03.1997
in A.S.No.54/95 on the file of the Principal District Judge,
Dharmapuri reversing the judgment and decree dated 21.02.1995 in
O.S.No.243/86 on the file of the District Munsif Court,
Krishnagiri.
When the case was taken up for hearing on 12.12.2018, there was no representation for the appellant and hence, the Registry was directed to post the case on 17.12.2018 under the caption “For Dismissal”. Accordingly, the case was listed today i.e.
17.12.2018 under the caption “For Dismissal”. Today when the case is taken up for hearing, there is no representation for the appellant. Hence, this Second Appeal is dismissed as non prosecution. No costs.
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
ari
To
1.The Principal District Judge,
Dharmapuri.
2.The District Munsif Court,
Krishnagiri.
+1cc to Mr.V.Raghavachari, Advocate, S.R.No.87637
S.A.No.1165 of 2004
SSD(CO)
GSP(22/01/2019)
1 provisions across 1 enactments
Lakshmi Ammal
Ponnusami
Sundararajan
Soundarajan
Oor Gounder alias Saman
Puthypattian Veettu Venkatachalam
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
