This is a second appeal filed under Section 100 of the CPC. The appellant applied for no-show procedure regarding impleadment of legal heirs, but failed to secure representation. The court dismissed the appeal for non-prosecution.
The second appeal is dismissed for non-prosecution. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.02.2018
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
S.A.No.1638 of 1998
M.Narayanan ...Appellant/Plaintiff/ Appellant
Vs. 1.Venkatasami 2.Venkatammal 3.Muniammal 4.P.Muniappan 5.Krishnan ...Respondents/Defendants/ Respondents Prayer: The Second Appeal has been filed under Section 100 of C.P.C. against the Judgment and decree of the Court of the Principal District Judge, Krishnagiri at Dharmapuri in A.S.No.25/97 and I.A.No.188/971 and dt.29th July 1998 in confirming the Judgment and Decree of the Principal District Munsif, Krishnagiri in O.S.No.69/1992 dt.28.01.1997.
For Appellant : Mr.V.Raghavachari For Respondents : M/s.V.Nicholas for R1 & R2 R5-Served – No Appearance Steps due in bringing on record the deceased Reg. R3 & R4
The learned counsel appearing for the appellant filed a memo stating that the notice was sent to the party, asking him to get particulars regarding the legal heirs of the deceased to implead them as parties for better adjudication of the case, was returned with an endorsement as “Left without instructions”.
2.In view of the memo filed by the learned counsel for the
appellant, the second appeal is dismissed for non prosecution. No costs.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
kas
To.
1.The Principal District Judge
Krishnagiri at Dharmapuri
2.The Principal District Munsif
Krishnagiri
3.The Section Officer
VR Section, High Court,
Madras-104 (2 Copies)
+1cc to Mr.V.Raghavachari, Advocate, S.R.No.14247
+1cc to M/s.V.Nicholas, Advocate, S.R.No.14966
S.A.No.1638 of 1998
sj(co)
cs/26/03/18
1 issue framed by the court
Whether the second appeal ought to be dismissed for non-prosecution given the appellant's failure to appear.
1 provisions across 1 enactments
M. Narayanan
Venkatasami
Venkatammal
Muniammal
P. Muniappan
Krishnan
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
