The High Court of Madras, in Civil Suit No. 576/2012, dismissed a suit for partition and declaration when the plaintiff failed to appear on the hearing date despite prior directions to file the plaint affidavit.
The suit was dismissed for default due to the plaintiff's non-appearance.
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.
C.S. No.576/2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2023
CORAM
THE HONOURABLE Ms. JUSTICE R.N.MANJULA
C.S. No.576 of 2012
S.Rajendran
... Plaintiff
Vs.
Civil Suit is filed under Order VII Rule 1 of Civil Procedure Code r/w.
Order IV Rule 1 Original Side Rules to pass a:
a) Preliminary decree for partition and separate possession of the plaintiff's one fourth share in the suit property;
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C.S. No.576/2012
b) Declare the Power of Attorney dated 18.08.2010 which is recited in
Doc.No.352 of 2010 on the file of Joint Sub Registrar-1, North Chennai as concocted which will not bind the plaintiff's share with regard to suit schedule property;
c) Declare the "No objection"stated in the mortgage deed registered as document No.352 of 2010 on the file of Joint Sub Registrar-1, North Chennai as false representation which will not bind the plaintiff's share with regard to suit schedule property;
e) to pass final decree by appointing a Advocate Commissioner to divide the suit property by demarcate as per the preliminary decree,
f) to determine the future mesne profits under Order XX Rule 12 of C.P.C.;
g) to award the cost of the suit.
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C.S. No.576/2012
For Plaintiff : No appearance For Defendants : No appearance
JUDGMENT
On 03.04.2023, this Court has passed the following order:
"Today when the matter is taken up for hearing, there is no representation for plaintiff, despite the matter has been returned from the Additional Master-I with the following endorsement, dated 22.12.2016:
"Received from Hon'ble Court. Counsel for plaintiff prayed for time to let evidence. At request, post on 11.01.2017 for filing PA of P.W.1."
2. Hence, Registry is directed to list the case on 12.04.2023
under the caption "For dismissal".
2 . Even though the matter is listed today under the caption “For
dismissal”, there is no representation for the plaintiff. Hence, this Court is inclined to dismiss the suit for default.
06.06.2023
Index : Yes/No Speaking Order : Yes / No bkn
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C.S. No.576/2012
R.N.MANJULA, J.,
bkn
C.S. No.576 of 2012
06.06.2023
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1 issue framed by the court
Whether the civil suit should be dismissed for default due to non-appearance of the plaintiff.
2 provisions across 2 enactments
S. Rajendran
S. Dakshayani
S. Ravindran
S. Hariharan
M/s. Kalasakthi Agro Private Limited
The Joint Sub-Registrar-1
R.N. MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
