The High Court, Madras, dismissed a second appeal under Section 100 of the CPC for non-prosecution as the appellant was absent without representation. Connected miscellaneous petitions were closed.
Second appeal dismissed for non-prosecution with costs; connected miscellaneous petitions closed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.03.2021
CORAM THE HONOURABLE MR. JUSTIC E T. RAVINDRAN
S.A.No. 577 of 2009 and M.P.Nos.1 and 2 of 2009 and 1 of 2011
Ramachandran
S/o. Chokkalinga Padayachi ... Appellant/Plaintiff Vs.
Sounder S/o. Venkatasamy ... Respondent/Defendant
Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree in A.S.No.10/2007 dated 28.11.2008 on the file of the Subordinate Judge, Chidambaram, reversing the judgment and decree in O.S.No.49/2005 dated 19.12.2006 on the file of the District Munsif cum judicial Magistrate, Portonovo.
For Appellant : No appearance For Respondent : Mr. R.Gururaj JUDGMENT
In this matter, the counsel for the appellant had already reported no instruction and filed a memo to that effect and in the light of the abovesaid position, the appellant being called and remaining absent, the Registry was directed to list the matter today under the caption "for dismissal" by printing the name of the appellant.
MEMORANDUM OF COSTS
Stamp for Vakalatnama .... 10-00
Advocate's Fee on Rupees F.C.not filed
Translation and Printing/
Typing Charges .... Nil
...............
10-00
...............
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
bga
To
1. The Subordinate Judge, Chidambaram.
2. The District Munsif cum judicial Magistrate,
Portonovo
3. The Section Officer, VR Section,
High Court, Madras
S.A.No. 577 of 2009
LN(CO)
KM(28/04/2021)
1 issue framed by the court
Whether the second appeal shall be admissible on its merits in the absence of the appellant's counsel.
1 provisions across 1 enactments
Ramachandran s/o Chokkalinga Padayachi
Sounder s/o Venkatasamy
E T. RAVINDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
