The High Court at Madras dismissed a civil suit filed under Order VII Rule 1 CPC due to the plaintiff's default. The plaintiff failed to appear or serve the plaint despite multiple notices, leading the Court to conclude he lacked interest in prosecuting the suit.
Suit dismissed for default with no costs.
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.
C.S.No.738 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.04.2021
CORAM:
MR.JUSTICE N.SESHASAYEE
C.S.No.738 of 2012
G.Muthukumar ... Plaintiff
Vs.
A.Subramanian ... Defendant
PRAYER : This suit is filed under Order VII Rule I C.P.C R/w. Order IV
Rule 1 of Original Side Rules.
For Plaintiff : No Appearance
For Defendant : Mr.S.Udhayasankar
JUDGMENT
No representation for the plaintiff. Learned counsel for the defendant is present and submitted that he has not even been served with a copy of the plaint. This was the state of affairs vis-a-vis the case right from 10.02.2014.
N.SESHASAYE, J.,
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C.S.No.738 of 2012
ssn
to dismiss any suit either the plaintiff or the defendant could not login the virtual court. This case makes an exception, because, the plaintiff does not appear to have shown interest to appear atleast either before the learned Master or before the Court. Hence, this Court felt that the plaintiff is not interested to prosecute the suit. Hence, this suit is dismissed for default. No
costs.
16.04.2021
ssn
C.S.No.738 of 2012
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1 issue framed by the court
Whether the suit should be dismissed for default due to the plaintiff's failure to appear and serve the plaint.
1 provisions across 1 enactments
N.SESHASAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
