This is a second appeal filed under Section 100 of the CPC. The appellants failed to appear with counsel, claiming bundles were taken by the lower court counsel in 2019. The court noted the delay in engaging counsel and dismissed the appeal for non-prosecution.
The second appeal was dismissed for non-prosecution. The connected miscellaneous petition is closed. 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.
S.A.No.131 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2022
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
S.A.No.131 of 2014
and
M.P.No.1 of 2014
... Appellants
Vs
PRAYER: Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree dated 30.01.2013 in A.S.No.33 of 2012 on the file of the Subordinate Judge, Nagapattinam, reversing the Judgment and Decree dated 13.03.2012 in O.S.No.178 of 2011 on the file of the District Munsif, Nagapattinam.
For Appellants : No appearance
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S.A.No.131 of 2014
JUDGMENT
This Court passed the following order on 02.03.2022 :
“The learned counsel for the appellants submitted that the bundles were taken away from them by the Lower Court counsel in the year 2019 itself and the counsel on record is no more appearing in the second appeal. The learned counsel further submitted that the listing of the second appeal was also informed to the Lower Court counsel.
Even today the appellants have not engaged any counsel nor have they appeared in person.
09.03.2022
Index :Yes/No Internet :Yes/No Lpp
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S.A.No.131 of 2014
To
N. ANAND VENKATESH, J.
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S.A.No.131 of 2014
Lpp
S.A.No.131 of 2014 and M.P.No.1 of 2014
09.03.2022
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1 issue framed by the court
Whether the second appeal can be maintained when the appellants failed to engage counsel and the case bundle was removed years ago.
1 provisions across 1 enactments
Selva Finance, Nagapattinam
Karuppu Thever
Vijayan
Executive Officer, Kayarohana Swami and Arulmigu Neelayathachi Amman Temple
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
