The Court dismissed a Second Appeal under Section 100 CPC for default as the appellant was absent and made no representation despite being listed for hearing under the caption 'For Dismissal' twice.
Second Appeal dismissed for non-prosecution. Connected miscellaneous petition 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 MR.JUSTICE S.S.SUNDAR SA.No.714/2017 & CMP.No.18165/2017
[Physical Hearing]
Smt. Mary Josephine [deceased] 1.Jaya Paulraj 2.Mrs. Jane Carmilita 3.Joseph Christopher ... Appellants/Defendants Vs. 1.Smt.Ramathal 2.Smt.Saroja 3.Sri.Rajendran 4.Smt.Shanthamani 5.Smt.Vijayalakshmi 6.Smt.Paulia Mary 7.Smt.Fathima 8.Sri John Xavier 9.Sri Anthony Irudhayaraj 10.Sri Paul Joseph 11.Smt. Flora Jaisy Felicia 12.Sri Arul Yesudas 13.Sri.Martin 14.Smt.Antony Angeline ... Respondents/Plaintiffs and Defendants 4 to 12
Prayer:- Second Appeal preferred under 100 of CPC against the judgment and decree dated 09.03.2012 passed in AS.No.41/2009 on the file of the learned Additional Sub Judge, Tirupur, confirming the judgment and decree dated 09.10.2009 passed in OS.No.384/1995 on the file of the learned District Munsif, Palladam.
For Appellants : No appearance
JUDGMENT
(1) When the present Second Appeal was listed yesterday [15.02.2022] for hearing, there was no representation on
(2)
behalf of the appellants. Hence, this Court directed the matter to be posted under the caption ''For Dismissal'' on 16.02.2022.
SD/-
ASSISTANT REGISTRAR
// TRUE COPY //
SUB ASSISTANT REGISTRAR
AP
To
SA.No.714/2017
sr[co] srg 01/03/2022
1 issue framed by the court
Whether the Second Appeal under Section 100 CPC should be dismissed due to non-appearance of the appellant.
1 provisions across 1 enactments
Smt. Mary Josephine (deceased) 1.Jaya Paulraj 2.Mrs. Jane Carmilita 3.Joseph Christopher
1.Smt.Ramathal 2.Smt.Saroja 3.Sri.Rajendran 4.Smt.Shanthamani 5.Smt.Vijayalakshmi 6.Smt.Paulia Mary 7.Smt.Fathima 8.Sri John Xavier 9.Sri Anthony Irudhayaraj 10
S.S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
