This court dismissed a second appeal under Section 100 of the CPC filed by K.V. Sivanandam for default, as the appeal was not declared devoid of merit on any ground, and the appellant failed to appear in person or through counsel.
The second appeal is dismissed for default. No costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.11.2019
CORAM
THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM
S.A.No.435 of 2005
K. V. Sivanandam ... Appellant/Defendant
Vs.
1.K.M.Paanisamy (died) 2. Lakshmi 3.K.P. Kadirvel 4. K.P. Elango
5.Manimekalai ... Respondents/Plaintiffs
(RR2 to R5 brought on record as LRs of the deceased sole respondent vide order of Court dated 30.08.2013 made in CMP.Nos.131 & 132 of 2012 in SA.No.435 of 2005)
PRAYER: Second Appeal filed under Section 100 of C.P.C., to set aside the judgment and decree passed in A.S.No.13 of 2004 on the file of Principal Sub-Court, Gobi dated 10.09.2004 confirming the judgment and decree made in O.S.No.21 of 2003 on the file of District Munsif Court, Gobi.
For Appellant : No appearance For Respondents : No appearance
J U D G M E N T
On 30.10.2019, when this second appeal came up for hearing, Ms.P.T. Ramadevi has submitted that the advocates who originally appeared for the appellant became the Hon'ble Judges and she has not filed vakalat for the appellant. She further submitted that since she was attached to the said office, her name was printed in the cause -list but actually she has not filed vakalat. Hence, the Registry was directed to send notice by registered post to the appellant. Accordingly, the Registry has sent notice by RPAD to the appellant and the said notice also served on the appellant. Postal acknowledgment also received by this court. The appellant's name also printed in the cause-list, but he has
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not appeared either in person or through counsel. Hence this second appeal is dismissed for default. No costs.
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
To
1. The Principal Subordinate Judge, Gobichettipalayam.
2. The District Munsif, Gobichettipalayam.
3. The Section Officer, V.R. Section, High Court, Madras.
Akm/06.01.2020 /2P-4C/
S.A.No.435 of 2005
K. V. Sivanandam
K.M. Paanisamy (died)
Lakshmi
K.P. Kadirvel
K.P. Elango
Manimekalai
P. Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
