Glory v. Hepsi Bai
Case brief
What is this about?
The Madurai Bench dismissed a second appeal filed against an order dismissing a suit for non-prosecution. The Court held that since no judgment on merits existed, no substantial question of law arose under Section 100 CPC.
What did the court decide?
The second appeal was dismissed, without prejudice to the appellants' right to seek restoration of the default appeal.
What the court decided
S.A.(MD)No.161 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.03.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
S.A.(MD)No.161 of 2021
1.Glory
2.Wilson
....Appellants
Vs.
1.Hepsi Bai
2.Sulochana
.... Respondents
PRAYER:- Second Appeal filed under Section 100 of Code of Civil Procedure, against the Judgment and Decree dated 26.11.2020 made in A.S.No.119 of 2014, on the file of the Subordinate Court, Kuzhithurai as dismissed for non-prosecution against the judgment and decree dated 20.08.2014, made in O.S.No.491 of 2010, on the file of the Principal District Munsif, Kuzhithurai.
Issues for consideration
2 issues framed by the court
Whether a second appeal lies against a judgment dismissing a suit for non-prosecution when no orders on merits have been rendered.
Whether the decree order passed in such circumstances contains any substantial question of law under Section 100 of the Code of Civil Procedure.
Parties & counsel
- appellant
Glory
- appellant
Wilson
- respondent
Hepsi Bai
- respondent
Sulochana
Coram
Case details
As recorded by the court registry
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