Kannan @ Damodaran v. R.Vasudevan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM

S.A.No.1524 of 1996

1.Kannan @ Damodaran
2.Divakaran
3.Chandra
4.Muthusamy ... Appellants/Defandants
Vs.
1.R.Vasudevan
2.R.Rajasekaran
3.R.Rajan
4.R.Vijaya
5.R.Vasantha
Rep. by their Power of Attorney Agent
T.K.Rajagopal ... Respondents/Plaintiffs

PRAYER: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 15.03.1995 made in A.S.No.274/94 on the file of Principal District Court, Salem against the judgment and decree dated 30.09.1994 made in O.S.No.334 of 1990 on the file of District Munsif Court, Attur.

For Appellants : Mr.P.Jagadeesan

For Respondents : No Appearance

JUDGMENT

The learned counsel for the appellants has filed proof of service in the Registry on 11.04.2019 stating that the private notice which was sent to the respondents 2 to 4 returned as ”no such persons”. He also filed another proof of service on 16.04.2019 stating that private notice which was sent to the fifth respondent returned as "addressee not available" . The learned counsel for the appellants has submitted that he has sent letters to all the appellants. He further submitted that the third appellant alone has received the letter and the other appellants have not received the letters. He further submitted that the third appellant has not contacted him after receipt of the letter and hence he is reporting no instructions and to that effect also, he has made an endorsement.