The Hon'ble Madras High Court dismissed a second appeal filed under Section 100 CPC for default, as the appellant failed to take steps to locate the deceased sole respondent despite multiple adjournments.
The Second Appeal is dismissed for default, with no costs awarded.
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.(MD)No.648 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.03.2022 CORAM THE HONOURABLE MRS. JUSTICE R. THARANI S.A.(MD)No.648 of 2015
Selvakumar .. Appellant / Appellant / Plaintiff
Vs.
Kathayee Ammal .. Respondent / Respondent / Defendant
Prayer : This Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree, dated 27.04.2015, passed in A.S.No.9 of 2014, on the file of the Principal Subordinate Judge, Kumbakonam, confirming the judgment and decree dated 13.12.2013 passed in O.S. No.27 of 2011 on the file of the District Munsif cum Judicial Magistrate, Papanasam.
For Appellant : Mr.S.Deenadhayalan For Respondent : No appearance
JUDGMENT
This second appeal has been filed against the judgment and decree, dated 27.04.2015, passed in A.S.No.9 of 2014, on the file of the Principal Subordinate Judge, Kumbakonam, confirming the judgment and decree dated 13.12.2013 passed in O.S. No.27 of 2011 on the file of the District Munsif cum Judicial Magistrate, Papanasam.
3.Steps for the deceased sole respondent is not taken. Already sufficient opportunities were given to the appellant. Hence, this Second Appeal is dismissed for default. No costs.
Sd/-
Assistant Registrar (CS I)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
Ls
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S.A.(MD)No.648 of 2015
To
1.The Principal Subordinate Judge, Kumbakonam.
3.The V.R. Section, Madurai Bench of Madras High Court, Madurai.
S.A.(MD)No.648 of 2015 11.03.2022
MGJ(30.03.2022) 2P 5C
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1 issue framed by the court
Whether the second appeal should be dismissed due to the lack of steps taken by the appellant to locate the deceased respondent within the prescribed time?
1 provisions across 1 enactments
Selvakumar
Kathayee Ammal
R. Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
