An appeal suit under Section 96 CPC filing to set aside a lower court decree was dismissed by the High Court for non-prosecution after repeated adjournments during which the appellant failed to appear or provide representation.
The Appeal Suit is dismissed for non-prosecution.
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
Date : 27.04.2022
CORAM:
THE HONOURABLE TMT. JUSTICE S. KANNAMMAL
A.S.No.312 of 2015
A. Radha Krishnan ... Appellant/ Defendant
Vs.
the next friend/mother 1st Respondent
PRAYER: Appeal Suit is filed under Section 96 of the Civil Procedure Code to set aside the Judgment and Decree dated 07.02.2015 passed in O.S.No.53 of 2012 by the Principal District Judge, Vellore.
For Appellant : No appearance
For Respondents : Mr. G. Raja for R1]
J U D G M E N T
This Appeal Suit has been filed to set aside Judgment and Decree dated 07.02.2015 passed in O.S.No.53 of 2012 by the Principal District Judge, Vellore.
repeated adjournments, neither the Appellant nor his counsel have shown interest to conduct the appeal.
4.In such a view of the matter, the Appeal Suit is liable to be dismissed. Accordingly, the Appeal Suit is dismissed for nonprosecution. No costs.
SD/-
ASSISTANT REGISTRAR
// TRUE COPY //
SUB ASSISTANT REGISTRAR
To:
The Principal District Judge, Vellore.
Copy to
The Record Keeper/Section officer, V.R Section, High Court, Madras-104.
A.S.No.312 of 2015
skm[co] srg 09/06/2022
1 issue framed by the court
Whether the appeal suit should be dismissed for non-prosecution due to the appellant's consistent failure to appear or instruct counsel.
1 provisions across 1 enactments
A. Radha Krishnan
Vendamani
Uma
Kamesh
Girija
Pachai Ammal
S. Kannammal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
