Peria Bomma Naicker v. Bomma Naicker
Case brief
What is this about?
The High Court of Madras dismissed a Second Appeal due to non-prosecution by the appellant who failed to appear or file vakalat despite multiple listings.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 20-11-2018
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
Second Appeal No.2024 of 2000
Peria Bomma Naicker S/O. Chinna Naickar
.. Appellant/Plaintiff
Vs
1.Bomma Naicker
2.Rama Naicker
3.Poosari Bomma Naicker
.. Respondents/ Respondents
Second Appeal is preferred under Section 100 of the Code of Civil Procedure, against the judgment and decree passed in A.S.No.5 of 1999 on the file of the Sub Court, Bhavani, Erode District dated 22.7.1999, confirming the judgment and decree passed in O.S.No.542 of 1994 dated 13.7.1998 on the file of the Additional District Munsif Court, Bhavani.
For Appellant : No Appearance For Respondents : No Appearance
J U D G M E N T When the present Second Appeal was listed for hearing on 10.10.2018, this Court passed an order stating that “Mr.R.Swaminathan, the learned counsel for the appellant contended that he has filed change of vakalat for the appellant. The Registry is directed to verify the vakalat and print the name of Mr.R.Swaminathan, if vakalat is filed on behalf of the appellant and list the matter after four weeks”.
Thus, the Second Appeal Stands dismissed for non-prosecution. However, there shall be no order as to costs.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
Svn
To
1. The Sub Judge,
The Sub Court,
Bhavani,
Erode District.
2.Additional District Munsif,
Bhavani.
3.The Section Officer,
VR Section Officer,
Madras (2Copies)
S.A.No.2024 of 2000
ER(CO)
GSP(31/12/2018)
Peria Bomma Naicker
Bomma Naicker
Rama Naicker
Poosari Bomma Naicker
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court