C.Chithirai v. a.Settu
Case brief
What is this about?
Appeal filed under Section 100 CPC. Appellant appeared absent after notice. Court dismissed the second appeal for non-prosecution without costs.
What did the court decide?
Second Appeal dismissed for non-prosecution. No costs. Connected miscellaneous petition closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAVINDRAN
S.A.No.1302 of 2003
C.Chithirai .. Appellant/Plaintiff
Vs. 1. A.Settu 2. C.Ramalingam .. Respondents/2nd Defendant & 1st Defendant Prayer : This Second Appeal has been filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.42 of 1999 dated 13.11.2002 on the file of the Fast Track Court (Additional District Court) Kancheepuram in partly allowing the Appeal preferred against the judgment and decree made in O.S.No.663 of 1994 dated 25.08.1998 on the file of the Principal District Munsif Court, Kancheepuram.
For the Appellant : No appearance For the Respondent - 1 : Mr.V.Manisekaran For the Respondent - 2 : No appearance
JUDGMENT
Already counsel for the appellant reported no instruction and accordingly, by an order dated 29.01.2018, this Court has directed to list the matter under the caption " for dismissal " by printing the name of the appellant in the cause list.
Issues for consideration
2 issues framed by the court
Whether the second appeal should be admitted in the absence of the appellant.
Whether an appeal can be dismissed for lack of prosecution.
Parties & counsel
- appellant
C. Chithirai
- respondent
A. Settu
- respondent
C. Ramalingam
Coram
Case details
As recorded by the court registry
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