The High Court of Madras, as a Single Judge bench, dismissed the second appeal file number S.A. No. 1635 of 2008 in default. The appellant did not appear, and the legal heirs of a deceased respondent had not been impleaded. No substantive hearing took place.
Second Appeal dismissed for default. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2021
CORAM
THE HONOURABLE MRS.JUSTIC E R.HEMALATHA
S.A.No.1635 of 2008
Lakshmana Udayar ... Appellant (Cause title accepted vide order of Court dated 04.12.2008 made in M.P.No.1/2008 in S.A.S.R.No.83595/2008)
PRAYER:-
Second Appeal filed under Section 100 of the Civil Procedure against the decree and judgment dated 27.02.2008 in A.S. No.156 of 2005, on the file of the Sub Court, Kallakurichi, reversing the decree and judgment dated 17.08.2005 in O.S. No.332 of 2001, on the file of the 1st Additional District Munsif Court, Kallakurichi.
JUDGMENT
It is seen from the records that the first respondent died long back and no steps were taken to implead the legal heirs of the deceased first respondent till date. The learned counsel for the appellant also reported no instructions for the appellant on 04.10.2021. Though the matter is listed today under the caption "for dismissal" by printing the name of the appellant in the cause list after issuing notice to him, there is no representation on behalf of the appellant.
2. In view of the same, this Second Appeal is dismissed for default. No costs.
Sd/Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
ham/bga
To
S.A.NO.1635 OF 2008
GP(CO) PBS/11/11/2021
1 issue framed by the court
Whether the present Second Appeal should be allowed in default given the absence of the appellant and non-impleadment of the deceased first respondent's legal heirs.
1 provisions across 1 enactments
Lakshmana Udayar
Venkatachalam
Govindraj
E R. HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
