The High Court at Madras dismissed a Civil Revision Petition filed under Article 226 of the Constitution for non-prosecution, noting the petitioner's consistent absence despite multiple listings, with no representation filed.
Civil Revision Petition dismissed for non-prosecution; no costs; connected miscellaneous petition closed.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2019
CORAM
THE HONOURABLE THIRU JUSTICE M. DURAISWAMY
C.R.P.(NPD)No.2812 of 2009 &
M.P.No.1 of 2009
Chinnaswamy ... Petitioner
v.
1. E.Vincent Prakasam
2. The Executive Engineer
Operation and Maintenance
Tamil Nadu Electricity Board
Gobichettipalayam ... Respondents
Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decreetal order dated 31.07.2009 in E.A.No.46 of 2007 in E.P.No.33 of 2005 in O.S.No.306 of 1998 on the file of the Principal District Munsif cum Judicial Magistrate, Perunthurai.
For Petitioner : No Appearance
For Respondents : Mr.I.C.Vasudevan - for R1
Mr.V.Viswanathan - for R2
O R D E R
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Consistently there is no representation for the petitioner. When the Civil Revision Petition was listed for hearing on 12.04.2019, there was no representation on behalf of the petitioner. Hence, the matter was adjourned by one week. Subsequently, when the matter was listed on 25.04.2018 also, there was no representation for the petitioner. Hence,
the Registry was directed to list the Civil Revision Petition under the caption 'for dismissal' on 26.04.2019. Today also there is no representation for the petitioner. Hence, this Court has no other option except to dismiss the Civil Revision Petition for non prosecution. Accordingly, the Civil Revision Petition is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes/No 26.04.2019 Speaking Order/Non Speaking Order Rj
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M. DURAISWAMY,J.,
Rj
C.R.P.(NPD)No.2812 of 2009 &
M.P.No.1 of 2009
26.04.2019
2 issues framed by the court
Whether the Civil Revision Petition should be dismissed for non-prosecution in the absence of the petitioner.
Whether non-appearance by the petitioner warrants dismissal of the revision under Article 227 CRPC.
1 provisions across 1 enactments
Chinnaswamy
E.Vincent Prakasam
The Executive Engineer Operation and Maintenance Tamil Nadu Electricity Board Gobichettipalayam
M. Duraismwamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
