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V.Ethiraj Vs G.Srinivasan — Civil Procedure and Limitation | Madras HC (2018)

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Madras HC
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V.Ethiraj Vs G.SrinivasanV.Ethiraj v. G.Srinivasan

Dismissed

V.Ethiraj v. G.Srinivasan

Madras HC16 Apr 2018SA/1555/2004

Case brief

AI extract

What is this about?

This was a second appeal under Section 100 CPC. The appellant appeared absent. The court dismissed the appeal for non-prosecution and ordered costs.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:16.04.2018 CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN

S.A.No.1555 of 2004

and

C.M.P.No.12192 of 2004

V.Ethiraj ...Appellant/Appellant/Defendant Vs.

G.Srinivasan ...Respondent/Respondent/Plaintiff

Prayer: Second Appeal filed under Section 100 of C.P.C., against the decree and judgment dated 12.09.2003 made in A.S.No.42 of 2003 on the file of Principal District Judge, Vellore in confirming the judgment and decree dated 31.03.2003 made in O.S.No.789 of 1999 on the file of the Principal District Munsif, Vellore.

For Appellant : No appearance For Respondent : Mr.R.Mukundan

J U D G M E N T

Learned counsel for the respondent present.

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure100

Parties & counsel

AI extract

appellant
V. Ethiraj
respondent
G. Srinivasan

Coram

AI extract

T. Ravindran

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 16 Apr 2018 · April
Registered: 31 Dec 2003
Case no.: SA/1555/2004

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Cite this judgement

V.Ethiraj v. G.Srinivasan, SA/1555/2004 (MAD), decided on 16 April 2018.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure100

View all statutes

Bench / Coram

T. Ravindran

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

Second appeal dismissed for non-prosecution. The appellant failed to appear on the date of listing, and no representation was presented on the day of hearing. Consequently, the appeal was dismissed with costs, and the connected miscellaneous petition was closed.

A compact analysis

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.

2.When the second appeal was listed on 12.04.2018, the learned counsel for the appellant represented that he has already given change of vakalat in the year 2008 itself and also made an endorsement to that effect and accordingly, the appellant being called and remaining absent, Registry was directed to list the matter today i.e., on 16.04.2018, by printing the name of the appellant in the cause list.

3.Today, when the matter is called, there is no representation for the appellant. Appellant called absent.

4.Resultantly, the second appeal is dismissed for nonprosecution with costs. Consequently, connected miscellaneous petition, if any, is closed.

s/d-

Assistant Registrar(CS VIII)

True Copy

Sub-Assistant Registrar

https://hcservices.ecourts.gov.in/hcservices/

To

1.The Principal District Judge, Principal District Court, Vellore.

2.The Principal District Munsif, Principal District Munsif Court, Vellore.

3.The Section Officer,
VR Section,
High Court,
Chennai.(2 copies)
S.A.No.1555 of 2004
SKS(CO)
SP(25/04/2018)

https://hcservices.ecourts.gov.in/hcservices/

CNR

HCMA010792112004

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED FOR NON-PROSECUTION

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