In the absence of instructions from the appellant and unrepresented counsel at the hearing date, the High Court held that the Second Appeal was liable to be dismissed for non-prosecution, resulting in the closure of connected miscellaneous petitions.
Second Appeal dismissed for non-prosecution; connected civil miscellaneous petitions closed.
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 DATED : 16.02.2022
CORAM THE HONOURABLE MRS. JUSTIC E R. HEMALATHA S.A.No. 374 of 1999 and C.M.P.Nos.4778 of 99,20647, 20648 & 20649 of 2003
Dharmaraj Pillai ... Appellant/defendant
Vs.
Habeeb Mohammed rep.by Power of Attorney Paramasivam.
... Respondent/Plaintiff
Prayer : Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 24/07/1998 passed in A.S. No.138 of 1997, on the file of the Principal Sub Court, Nagapattinam, reversing the decree and judgment dated 25.06.1997 passed in O.S. No.66 of 1996, on the file of the District Munsif Court, Nannilam.
When the second appeal came up for hearing on 14.02.2022, there was no representation for the appellant and hence was directed to be posted under the caption 'for dismissal' on 16.02.2022. Today, when the matter is taken up for hearing the learned counsel for the appellant reports no instructions for the appellant.
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
mtl
To
Copy to
S.A.No. 374 of 1999 and C.M.P.Nos.4778 of 99,20647, 20648 & 20649 of 2003
SV(CO) CT 30/05/2022
1 issue framed by the court
Whether the second appeal should be dismissed for non-prosecution in the absence of instructions.
1 provisions across 1 enactments
Dharmaraj Pillai
Habeeb Mohammed
Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
