The High Court of Madras treated an appeal suit filed under Section 96 CPC to set aside a lower court decree as a matter for dismissal. The court dismissed the appeal suit for non-prosecution due to the appellants' absence and lack of interest in proceedings over a period of nine years.
The Appeal Suit is dismissed for non-prosecution. No costs.
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 : 22.03.2022
CORAM:
THE HONOURABLE TMT. JUSTICE S. KANNAMMAL
A.S.No.530 of 2013
Rep.by her next frient and mother J. Suseela
... Appellants/ Plaintiffs
Vs.
... Respondents / Defendants
PRAYER: Appeal Suit is filed under Section 96 of the Civil Procedure Code to set aside the Judgment and Decree dated 18.03.2013 in O.S.No.12 of 2010 on the file of the learned First Additional District Judge, Coimbatore.
For Appellants : No appearance For Respondents : M/s. H. Rajasekar
J U D G M E N T
This Appeal Suit has been filed to set aside the Judgment and Decree of the learned First Additional District Judge, Coimbatore, made in O.S.No.12 of 2010 dated 18.03.2013.
appeal suit.
Appeal Suit without any progress will not serve any purpose. Since the appellants have not shown any interest to proceed the case for the past 9 years the appeal suit is liable to be dismissed. Accordingly, the Appeal Suit is dismissed for nonprosecution. No costs.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
GGS
The First Additional District Judge, Coimbatore.
A.S.No.530 of 2013
SSD(CO) CT 04/04/2022
1 issue framed by the court
Whether an appeal suit filed by the appellants can be dismissed due to non-prosecution despite multiple hearings and adjournments.
1 provisions across 1 enactments
Suseela and Minor Atchaya Rep.by her next frient and mother J. Suseela
P. Nachimuthu and Mrs.Dhanalakshmi and N. Murugavel and N. Thangavel and N. Shanmugasundaram and N. Panneer Selvam
S. Kannammal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
