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P.Manickavasagam, Vs Selvaraj — Civil Procedure and Limitation | Madras HC (2021)

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P.Manickavasagam, Vs SelvarajP.Manickavasagam, v. Selvaraj

Dismissed

P.Manickavasagam, v. Selvaraj

Madras HC5 Aug 2021CMA(MD)/311/2013

Case brief

AI extract

What is this about?

The Madras High Court dismissed an appeal for default due to the appellant's non-appearance and lack of instructions.

What the court decided

AI extract

A

C.M.A.(MD)No.311 of 2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :05.08.2021 CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI C.M.A.(MD)No.311 of 2013 and M.P.No.1 of 2013

P.Manickavasagam

... Appellant

Vs.

1.Selvaraj 2.S.Selvam ... Respondents

Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, to set aside the judgment and decree dated 23.11.2007, passed in M.C.O.P.No.296 of 2006 on the file of the Motor Accident Claims Tribunal cum Sub Court, Kuzhithalai.

For Appellant : No Appearance For 1^st Respondent : Mr.N.Suresh

For 2^nd Respondent : Died vide Court order dated 22.07.2021

JUDGMENT

Parties & counsel

AI extract

appellant
P. Manickavasagam
respondent
1. Selvaraj
respondent
2. S. Selvam

Coram

AI extract

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 5 Aug 2021 · August
Registered: 28 Feb 2013
Case no.: CMA(MD)/311/2013

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Cite this judgement

P.Manickavasagam, v. Selvaraj, CMA(MD)/311/2013 (MAD), decided on 5 August 2021.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

R. Tharani

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The appeal was dismissed for default because the appellant was unrepresented and had advised his counsel not to appear. No substantive decision on the merits was rendered.

A compact analysis

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.

When the matter was taken up for hearing on 22.03.2021, it is represented by the learned counsel for the appellant that there was no instructions from the client and he has filed a memo to that effect and the same was recorded. On 08.04.2021, the Registry was directed to print the name of the appellant. On 22.03.2021, the Registry was directed to issue notice to the appellant and a notice was also issued and served upon the appellant on 07.04.2021. Today, when the case was taken up for hearing, though the name of the appellant was printed in the cause list, there is no representation for the appellant. There is no use in keeping the appeal pending any further. Hence, this Civil Miscellaneous Appeal is dismissed for default. No Costs. Consequently, connected miscellaneous petition is closed.

// True Copy //

/ /2021 Sub Assistant Registrar(CS)

https://hcservices.ecourts.gov.in/hcservices/

1/2

C.M.A.(MD)No.311 of 2013

Note : In view of the present lock down owing to COVID – 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1.The Motor Accident Claims Tribunal cum Sub Judge, Karur.

2.The Section Officer,

V.R. Section, Madurai Bench of Madras High Court,

Madurai. (2 Copies)

C.M.A.(MD)No.311 of 2013 05.08.2021

RS (17.08.2021) 2P 4C

https://hcservices.ecourts.gov.in/hcservices/

2/2

R. Tharani

CNR

HCMD010006442013

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED

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