In a second appeal regarding a jewel loan dispute, the appellant failed to appear despite the matter being listed for dismissal. The appellant had previously been directed to bring the suit amount, which was not done. The Court dismissed the appeal for default due to non-compliance.
The Second Appeal and connected miscellaneous petition were dismissed for default.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.04.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
SA(MD)No.1115 of 2008 and MP(MD)No.1 of 2008
K.Ravanan ... Appellant/1st Respondent/1st defendant
Vs.
1.Canara Bank, Thathayangarpettai Branch, Rep.by its Manager, Thathayangarpettai, Musiri Taluk, Tiruchirappalli District. ... 1st Respondent/Appellant/ Plaintiff
2.Veerapandiyan ...2nd Respondent/2nd Respondent /2nd Defendant
Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 25.07.2007 passed in A.S No.112 of 2005 on the file of the II Additional Subordinate Judge, Tiruchirappalli thereby reversing the decree and judgment dated 20.01.2005 passed in O.S No.331 of 1997 on the file of the District Munsif Court, Musiri.
For Appellant : No appearance For Respondents : Mr.Pandivel for R1 Mr.S.K.Mani for R2
JUDGEMENT
None appeared for the appellant. The case was listed before me on 09.04.2021. The case was ordered to be called today under the caption “for dismissal”. Even today, there is no appearance on behalf of the appellant. The learned counsel for the first respondent bank submitted that the appellant had availed jewel loan from the plaintiff bank by pledging spurious jewels. The bank had succeeded before the lower appellate court. Questioning the same, this Second Appeal has been filed. The second appeal had not been admitted.
2.When the matter was taken up for admission on 23.04.2009, this Court directed the bank to bring the pledged jewels and the appellant was directed to bring the suit amount. When the case was https://hcservices.ecourts.gov.in/hcservices/ taken up on 18.06.2009, the pledged jewels were brought to the court
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but the appellant did not come up with the suit amount. The matter was adjourned. It is pointed out by the learned counsel for the bank that till date the order passed by this Court has not been complied with.
3.Recording these developments, particularly, the conduct of the appellant in not complying with the order passed by this Court, the appeal is dismissed for default. No costs. Connected miscellaneous petition also stands dismissed.
Sd/-
Assistant Registrar(AS)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
skm
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The II Additional Subordinate Judge, Tiruchirappalli.
2.The District Munsif Court, Musiri.
Copy to :
The Record Keeper, V.R.Section, Madurai Bench of the Madras High Court, Madurai.(2 COPIES)
SA(MD)No.1115 of 2008 and MP(MD)No.1 of 2008 20.04.2021
es(CO) TR(05.05.2021) 2P 5C
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1 issue framed by the court
Whether the second appeal was properly admitable given the appellant's failure to comply with previous orders of this Court and their default appearance.
1 provisions across 1 enactments
K.Ravanan
Canara Bank
Veerapandiyan
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
