Common order dismissing two civil suits (TOS No.9 of 2000 and CS No.722 of 2008) for default due to lack of representation in court.
Suits in TOS.No.9 of 2000 and CS.No.722 of 2008 are dismissed for default with 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.
TOS.No.9 of 2000 and CS.No.722 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
TOS.No.9 of 2000
Leonie Joseph ... Petitioner Vs. 1.Josephine Swamy 2.Maggie Sundara Rajan @ Poppy Sundararajan 3.Regina Alexander @ Regina Martin ... Respondents
Prayer: Plaint under Order VII Rule 1 of CPC, a) to grant Letters of Administration to the plaintiff to have effect through out the whole of Union of India and b) Directing the defendants to pay costs of the suit.
CS.No.9 of 2008
Leonie Joseph ... Plaintiff Vs. 1.Josephine Swamy 2.Sundara Rajan 3.Kamini Anand
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TOS.No.9 of 2000 and CS.No.722 of 2008
4.Shalini Ravindran 5.Regina Alexander
... Defendants
Prayer: Plaint under Order VII Rule 1 of CPC, r/w Order IV, Rule 1 of O.S.Rules, a) granting a decree for partition of the suit property into four equal shares by metes and bounds; and b) directing the defendants to pay the plaintiff the costs of the suit;
COMMON ORDER
When the matter was taken up for hearing on 17.10.2022
there was no representation for both the parties.
2. This Court by referring to the order dated 16.09.2022
wherein a direction was given to the plaintiff to take steps to implead the legal representatives of the deceased first defendant, posted the matter after two weeks. Thereafter, the matter was posted for next hearing on 31.10.2022. On that day there was no representation for both the parties
and the steps were also not taken to bring the legal representatives of the
deceased first defendant.
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TOS.No.9 of 2000 and CS.No.722 of 2008
3. Recording the said fact, the matter was adjourned by three
weeks. Thereafter, the matter was posted for hearing on 06.12.2022. On that day also there was no representation for both the parties. In order to give an opportunity to the plaintiff, the matter was adjourned under the caption “for dismissal.” Today, the matter appears in the list under the caption “for dismissal” and today also there is no representation for both the parties.
4. Hence, the suits are dismissed for default. No costs.
09.12.2022
Index : Yes / No Internet : Yes / No dna
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TOS.No.9 of 2000 and CS.No.722 of 2008
S.SOUNTHAR , J.
dna
TOS.No.9 of 2000 and CS.No.722 of 2008
09.12.2022
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Leonie Joseph
Josephine Swamy
Maggie Sundara Rajan
Regina Alexander
Sundara Rajan
Kamini Anand
S.SOUNTHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
