This appeal suit was dismissed due to non-prosecution as the appellant failed to appear before the Madurai Bench of the Madras High Court, while the respondents were represented by counsel.
The appeal suit was dismissed 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.
A.S(MD)No.228 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 20.03.2024
CORAM:
THE HON'BLE MR.JUSTICE P. DHANABAL
A.S(MD)No.228 of 2022 and C.M.P(MD)No.9865 of 2022
R.Muthuvinayagam ... Appellant/Plaintiff
Vs.
1.Gajendiran 2.R.Balasubramanian
3.Nantheeswari 4.P.Mahalingam ... Respondents/Defendants
Prayer : This Appeal Suit filed under Section 96 of C.P.C., r/w Order 41, Rule 1 & 2 of C.P.C., to set aside the judgment and decree in O.S.No.60 of 2018 on the file of the Additional District Judge, Periyakulam, Theni District, dated 29.10.2021 and dismiss the same by allowing the appeal.
For Appellant : No appearance For R-1 to R-3 : Mr.V.George Raja for M/s.Ajmal Associates R-4 : SS Petition Due
JUDGMENT
A.S(MD)No.228 of 2022
When the matter is taken up for hearing today, there is no representation on the side of the appellant. The learned Counsel appearing for the respondent is present today. Already this Court posted the matter under the caption 'For Dismissal', due to non appearance on the side of the appellant on 19.03.2024. Today also, none appeared on the side of the appellant. Hence, this Appeal Suit stands dismissed for non-prosecution. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.
20.03.2024
NCC : Yes / No Index : Yes / No Internet : Yes BTR
To
2/3
A.S(MD)No.228 of 2022
P. DHANABAL, J.
BTR
A.S(MD)No.228 of 2022
20.03.2024
1 issue framed by the court
Whether the appeal suit filed under Section 96 of CPC will be maintained in the absence of the appellant?
2 provisions across 1 enactments
R.Muthuvinayagam
Gajendiran
R.Balasubramanian
Nantheeswari
P.Mahalingam
P. DHANABAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
