The Madurai Bench dismissed a Second Appeal under Section 100 CPC for default due to the non-appearance of the appellant on the date of hearing, after the matter was listed under the caption for dismissal.
Second Appeal dismissed for default; connected Miscellaneous Petition closed. 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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :10.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.1138 OF 2008 and M.P(MD)No.1 of 2008
Chithiraisamy
:Plaintiff/Appellant/Appellant
.vs.
1.Sundara Thevar
2.Navakanda Thevar
3.Sarasammal :Defendants/Respondents/ Respondents
PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.24 of 2005, dated 29.12.2005, on the file of the Principal District Court, Ramanathapuram confirming the judgment and decree made in O.S.No.3of 2002 dated 30.11.2004, on the file of the District-Mun sif-cum-Judicial Magistrate, Kamuthi.
For Appellant :No appearance For Respondents :Mr.S.Sivathilakar 1 and 2
For Respondent-3 :Mr.S.Ramesh
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**JUDGMENT ***************
It is seen from the records that the Second Appeal was dismissed for default on 19.01.2010 for the non-appearance of the appellant and thereafter, it has been restored to file.
2.When the matter came for hearing on 07.06.2024, there was no representation for the appellant during the first and second call. Hence, in order to give an opportunity to the appellant, the Registry was directed to list the matter under the Caption ‘’for dismissal’’ today. Today, the matter is listed under the caption ‘’for dismissal’’. Even today, there is no representation for the appellant.
3.Hence, the Second Appeal is dismissed for default. No costs. Consequently, connected Miscellaneous Petition is closed.
10.06.2024
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
vsn
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To
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S.SOUNTHAR, J.
vsn
JUDGMENT MADE IN S.A(MD)No.1138 OF 2008 and M.P(MD)No.1 of 2008
10.06.2024
1 issue framed by the court
Whether the Second Appeal filed under Section 100 of the Civil Procedure Code can be dismissed for default in the absence of the appellant.
1 provisions across 1 enactments
Chithiraisamy
Sundara Thevar
Navakanda Thevar
Sarasammal
S.Sounthar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
