The High Court of Madras dismissed a second appeal under Section 100 of the Civil Procedure Code for default. The appellants failed to take steps to serve notice to the legal heirs of the deceased first respondent despite multiple listings, indicating lack of interest in proceeding.
Second appeal dismissed for default due to failure to serve notice.
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: 20.01.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.A.No.1487 of 1999
1.Kathunbi
2.Sabeerabee
3.Sarfunnisa
4.Shemi Munnisa
5.Rahimunissa
6.Nasimunissa 7.Noorunnisa ... Appellants
Vs.
1.K.A.Subhan 2.Abdulla
3.Nazimunnisa
4.Rafeeque Ahmed ... Respondents
Prayer : Second Appeal filed under Section 100 of C.P.C. to set aside the order and decree of the Additional District Judge cum Chief Judicial Magistrate, Vellore in A.S.No.155 of 1993 dated 30.04.1999 in reversing the decree and judgment of Court of SubJudge, Tirupattur, in O.S.No.66 of 1993 dated 15.04.1993.
For Appellants : Mr.V.Raghavachari
J U D G M E N T
This second appeal has been preferred as against judgment and decree dated 30.04.1999 made in A.S.No.155 of 1993 on the file of the Additional District Judge cum Chief Judicial Magistrate, Vellore in reversing the judgment and decree dated 15.04.1993 made in O.S.No.66 of 1993 on the file of the Subordinate Court, Tirupattur.
Sd/-
Assistant Registrar(co)
//True Copy//
Sub Assistant Registrar
Pns/rts
To
Copy to:
The Section Officer, VR Section, High Court,Madras.
S.A.No.1487 of 1999
A.SK(21/02/2020)
1 issue framed by the court
Whether the second appeal filed under Section 100 of C.P.C. can proceed when appellants failed to serve notice to legal heirs of deceased respondent.
1 provisions across 1 enactments
1. Kathunbi
2. Sabeerabee
3. Sarfunnisa
4. Shemi Munnisa
5. Rahimunissa
6. Nasimunissa
G.K. Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
