The Madurai Bench of Madras High Court dismissed a second appeal filed under Section 100 of the CPC. The appellants failed to appear despite prior notification regarding handover of documents and printing of their names in the cause list.
Second Appeal dismissed for default; Connected Civil Miscellaneous Petition dismissed.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A(MD)NO.79 OF 2016 and C.M.P(MD)No.1806 of 2016
1.K.Arumuga Thevar
2.A.Ramachandran
3.A.Mariappan 4.S.Paramasivan :Defendants/Appellants/Appellants
.vs.
M.Palaniraj :Plaintiff/Respondent/Respondent
PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.8 of 2013, dated 26.03.2014, on the file of Additional Subordinate Court, Tirunvelveli, confirming the judgment and decree made in O.S.No. 218 of 2009, dated 13.07.2012, on the file of Ist Additional District Munsif Court, Tirunelveli..
For Appellants :No appearance
For Respondent :Mr.S.P.Maharajan
**JUDGMENT ***************
When the above Second Appeal was taken up for hearing on
2
03.02.2023, the learned counsel for the appellants informed this Court that he had handed over the bundle to the appellants, along with change of vakalath, in the year 2021 itself. Therefore,Registry was directed to remove the name of the learned counsel for the appellant from the cause-list and to print the name of the appellants in the cause-list.
2.Today, the Second Appeal is listed for hearing by printing the names of the appellants in the cause-list. There is no representation on behalf of the appellants either in person or through counsel.
3.Hence, the Second Appeal is dismissied for default. No costs. Consequently, connected Civil Miscellaneous Petition is dismissed.
06.02.2023
Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To
3
3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
4
S.SOUNTHAR, J.
vsn
JUDGMENT MADE IN S.A(MD)NO.79 OF 2016 and C.M.P(MD)No.1806 of 2016
06.02.2023
1 issue framed by the court
Whether the second appeal can be decided in the absence of the appellants after they were supplied with a notice to appear.
1 provisions across 1 enactments
K.Arumpuga Thevar
A.Ramachandran
A.Mariappan
S.Paramasivan
M.Palaniraj
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
