This is a thin order where the plaintiffs failed to appear on the day of hearing for the dismissal of the suit. The court dismissed the civil suit for non-prosecution.
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
Date : 24.07.2023
CORAM:
THE HON`BLE MR.JUSTICE A.A.NAKKIRAN
C.S.No.403 of 2003
and condone delay to carried out the amendment as per orde dt 20.04.2019 in A.No.1284/2009. .. Plaintiff
vs.
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Prayer : Civil Suit filed under Order XXXVII Rule 1 of O.S. Rules read with Order 34 of the Civil Procedure Code to pass a judgment and decree against the defendants
a) directing the first defendant to pay to the plaintiff an amount of Rs.3,20,000/- on or before a day to be fixed by this Court, failing which, to pass appropriate orders directing the sale of the immovable property morefully mentioned in the schedule hereunder and directing such sale proceeds realise therefrom be paid over to the plaintiff for appropriation towards the above decree/award amount together with subsequent interest @ 18% from the date of plaint till the date of realisation and pass personal decree against the first defendant if the sale proceeds are in sufficient to satisfy the entire decretal amount in the suit and
b) for costs of the suit.
For Plaintiff : No appearance
For Defendants : D1 – Died
D2 & D3 – Set exparte on 20.01.2010 D4 to D8 – No appearance
J U D G M E N T
Earlier, when the Suit was posted on 21.07.2023 for hearing, the
learned counsel for the plaintiff has submitted that he has no instructions from the plaintiff. Hence, the matter was directed to be posted on
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24.07.2023 under the caption, “for dismissal” removing the name of the plaintiff's counsel and to print the name of the plaintiff in the cause-list.
the Civil Suit is dismissed for non-prosecution. No costs.
24.07.2023
Index : Yes/No Internet : Yes Speaking/Non-speaking order gv
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A.A.NAKKIRAN,J.
gv
C.S.No.403 of 2003
24.07.2023
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Citi Financial Consumer Finance India Ltd.
K. Selvaraj and others
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
