The High Court of Madras dismissed a first appeal filed under Section 96 of the CPC for default due to the appellant's counsel's inability to contact the client, who had passed away without any attempt at substituted service.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2021
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
A.S.NO.921 OF 2004
AND
C.M.P.NO.20417 OF 2004
1. Sabira 2. Mohammed Sulaiman
3. Mehafooz Ahamed
4. Mohammed Thowfeeq
...Appellants/Plaintiffs
Vs
S.N.Mohammed Siddique
...Respondent/Defendant
PRAYER: Appeal Suit filed under Section 96 of the Code of Civil
Procedure, to call for the records relating to the judgment and
decree dated 22.03.2004 in O.S.No.2 of 2002 on the file of the
Principal District Judge, Pondicherry and modify the same by
decreeing the suit.
For appellants: Mr.R.Thiyagarajan
For respondent: No appearance
JUDGMENT
The learned Counsel for the appellants has filed a memo
stating that he is unable to contact his client since the
appellant's father was the only point of contact and he is no
more. His Counter part in the lower Court is also no more.
Therefore, the learned Counsel has expressed his inability to
contact the appellant and has filed a memo to record the same.
2.The memo is recorded. Considering the fact that the
appellants had failed to take notice to the respondent to date
and has also not taken out necessary petition for substituted
service, the first appeal stands dismissed.
3.Hence, the first appeal is dismissed for default and
consequently, connected Miscellaneous Petition is also closed.
Sd/-
Assistant Registrar(CS-III)
// True Copy //
Sub Assistant Registrar
gd/vkr
To
The Principal District Judge,
Pondicherry.
Copy To
The Section Officer,
V.R.Section,
High Court, Madras.
A.S.No.921 of 2004
and
C.M.P.No.20417 of 2004
MG(CO)
RLP(04/10/2021)
Sabira
Mohammed Sulaiman
Mehafooz Ahamed
Mohammed Thowfeeq
S.N. Mohammed Siddique
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court