The High Court dismissed the Civil Revision Petition filed under Section 115 CPC for non-prosecution as the petitioner did not appear, had never been interested in the case, and could not be expected to prosecute after repeated adjournment requests.
Civil Revision Petition dismissed for non-prosecution.
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CRP(NPD)No.4170 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.09.2021
CORAM
The Hon'ble Mr.Justice Krishnan Ramasamy
C.R.P (NPD)No.4170 of 2017
Sankar.R
rep. by Power Agent
J.Dhanchizheyan ..Revision Petitioner
vs.
Durai.K ..Respondent
PRAYER:
Civil Revision Petition filed under Section 115 of the Code of Civil Procedure to set aside the Fair and Decretal Orders of the learned Principal Sub Judge, Villupuram passed in E.P.No.3 of 2008 in Pondy Sub Court in O.S.No.234 of 1997 dated 07.09.2017.
For Revision Petitioner - No appearance
For Respondent - Mr.A.P.Neelamegavannan
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O R D E R
When the matter came up for hearing on 17.11.2017, at the
instance of the learned counsel for the revision petitioner, the matter was directed to be listed under the caption "for withdrawal'' on 20.11.2017. Accordingly, the matter was listed on 20.11.2017, on which date, the learned counsel for the revision petitioner reported that he has not received any instructions from his client (revision petitioner) to withdraw the Civil Revision Petition. Thereafter, the matter was listed for three occasions. Later, the matter was not listed and it was listed in the recent past on 31.08.2021. During the last occasion, the learned counsel for the revision petitioner sought ajdournment on the ground that he has to get appropriate instructions from his client (revision petitioner). Hence, the matter was directed to listed on 06.09.2021.
2. When the matter was taken up today, none appeared on behalf of the revision petitioner. It is seen from the endorsements made in the Order Sheet that despite the matter being listed from time to time, the revision petitioner has not evinced any interest in prosecuting the case. Thus, in the
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CRP(NPD)No.4170 of 2017
absence of any interest shown by the revision petitioner, to prosecute the case, no useful purpose would be achieved in listing the matter again and again. Hence, this Civil Revision Petition is dismissed for non prosecution.
No costs.
08.09.2021
Index: Yes/No
Speaking/Non-speaking Order
jd/sd
To
The Principal Subordinate Judge,
Villupuram.
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CRP(NPD)No.4170 of 2017
jd/sd
Krishnan Ramasamy, J.,
C.R.P (NPD)No.4170 of
2017
08.09.2021
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Sankar.R rep. by Power Agent J.Dhanchizheyan
Durai.K
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
