The High Court of Madras, in the absence of the appellant who listed no counsel, dismissed the Second Appeal filed under Section 100 of the CPC for default.
Second Appeal dismissed for default. No costs to parties. Connected miscellaneous petition 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: 27.09.2021
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
S.A. NO.702 OF 2009 AND M.P.NO.1 OF 2009
Samadhu Sahib ... Appellant/ 2nd Respondent/2nd Defendant ..Vs.. 1. Ameerjohn Sahib ... 1st Respondent/ Appellant/Plaintiff 2. Syed Gani Sahib 3. Khaja Sahib 4. Abubakar Sahib 5. Ismail 6. Mubarak Sahib ... Respondents/ Respondents 1,3 to 6/Defendants 1,3 to 6
PRAYER :
Second Appeal filed under Section 100 of C.P.C., against the decree and judgment dated 06.06.2008 passed in A.S. No.34 of 2006 on the file of Principal District Judge, Villupuram District, reversing the decree and judgement dated 24.03.2006 in O.S.No. 25 of 2003 on the file of the Additional Subordinate Judge, Tindivanam.
JUDGMENT
The learned counsel for the appellant reported no instructions for the appellant on 25.08.2021. Hence, the Registry was directed to issue drafted notice to the appellant and list the matter on 27.09.2021.
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
bga
To
Copy To
The Section Officer, V.R. Section,
High Court, Madras
M.P. No.1 of 2009
PM(CO) PM/12/10/2021
1 issue framed by the court
Whether the Second Appeal should be allowed despite the absence of the appellant on record?
1 provisions across 1 enactments
Samadhu Sahib
Ameerjohn Sahib
Syed Gani Sahib
Khaja Sahib
Abubakar Sahib
Ismail
Mrs.Justice R.Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
