A second appeal under Section 100 of the CPC filed by C. Selvaraj was dismissed for non-prosecution as he failed to appear before the court despite multiple adjournments, while the respondent was ready for arguments.
The second appeal is dismissed for non-prosecution. No costs to the respondent.
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S.A(MD)No.473 of 2015
C.Selvaraj
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.03.2022
CORAM
THE HONOURABLE MRS.JUSTICE R.THARANI S.A(MD)No.473 of 2015
... Appellant/Appellant/ Respondent/Plaintiff
Vs
A.Sreenivasan
... Respondent/Respondent/ Petitioner/Defendant
PRAYER :-
This Second Appeal is filed under Section 100 of Civil Procedure Code to call for the records relating to the judgment and decree dated 12.11.2014 made in A.S.No.48 of 2013 on the file of the Principal Subordinate Court, Nagercoil, confirming the order and decreetal order dated 29.10.2012 made in I.A.No.188 of 2012 in O.S.No.551 of 2011 on the file of the Principal District Munsif Court, Nagercoil, set aside the same.
For Appellant : No appearance For Respondent : Mr.S.Ramakrishnan
JUDGMENT
This appeal is pending from the year 2015 and was admitted on 26.08.2015. The case was placed before me on 09.02.2022 and 15.02.2022. On 15.02.2022, the learned counsel for the appellant reports no instructions and the registry was directed to print the name of the appellant. The matter was adjourned to 25.02.2022, 09.03.2022 and 16.03.2022. The learned counsel for the respondent was ready for arguments. But there is no representation on the side of the appellant.
2.On 16.03.2022, the case was adjourned to 25.03.2022 for arguments, finally. Today, ie.,25.03.2022, the learned counsel for the respondent was ready for arguments. But there is no representation on the side of the appellant. There is no use in keeping the case pending any further.
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S.A(MD)No.473 of 2015
3.Hence this Second Appeal is dismissed for non prosecution. No costs.
Assistant Registrar(C.O)
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Principal Subordinate Judge, Nagercoil.
2.The Principal District Munsif Court, Nagercoil.
3.The Record Clerk, Vernacular Section,
Madurai Bench of Madras High Court, Madurai. (2 Copies)
S.A(MD)No.473 of 2015 25.03.2022
SA(25.05.2022) 2P 5C
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2 issues framed by the court
Whether the second appeal filed under Section 100 of CPC should be allowed in the absence of the appellant.
Whether the appeal can be dismissed for non-prosecution due to lack of instructions on behalf of the appellant.
1 provisions across 1 enactments
C. Selvaraj
A. Sreenivasan
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
