In the absence of the appellant's counsel, the Hon'ble Court recorded non-appearance and dismissed Second Appeals S.A(MD)Nos.444 and 445 of 2008 and connected Miscellaneous Petitions for default under Civil Procedure Code without adjudicating merits.
Second Appeals S.A(MD)Nos.444 and 445 of 2008 and connected Miscellaneous Petitions are dismissed for default. 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 :16.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A(MD)NOs.444 and 445 OF 2008 and
M.P(MD)Nos.3 and3 of 2008
Koodal
:Ist DefendantAppellant/Appellant in both Second Appeals
.vs.
S.A(MD)No.444 of 2008
:Plaintiff & Respondents/Respondents Defendants 2 and 3
S.A(MD)No.445 of 2008
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4.The State Bank of India, through its Branch Manager, Aruppukkottai. :Plaintiff & Respondents/Respondents Defendants 2 to 4
COMMON PRAYER: Second Appeals filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.Nos.1 and 2 of 2005, dated 14.11.2005, on the file of Additional District Judge(Fast Track Court),Virudhunagar confirming the judgment and decree made in O.S.Nos.78 of 2003 and 10 of 2004, dated 28.10.2004, on the file of Sub-Court, Virudhunagar.
S.A(MD)No.444 of 2008
For Appellant :No appearance For Respondent-1 :Mr.J.Alaguram Jothi For Respondents :Mr.K.M.Vijayakumar 2 and 3
S.A(MD)No.445 of 2008
For Appellant :No appearance For Respondents :Mr.J.Alaguram Jothi 1 and 2 For Respondents :Mr.K.M.Vijayakumar 3 and 4
**COMMON JUDGMENT **************************
When the matter was taken up for hearing on 15.04.2024,
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there was no representation for the appellant in the forenoon as well as in the afternoon. In order to give an opportunity to the appellant, Registry was directed to list the matter under the caption ‘’for dismissal’’ today. Even today, there is no representation for the appellant. Hence the Second Appeals are dismissed for default. No costs. Consequently, connected Miscellaneous Petitions are closed.
16.04.2024
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
vsn
To
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S.SOUNTHAR, J.
vsn
COMMON JUDGMENT MADE IN S.A(MD)NOs.444 and 445 OF 2008 and M.P(MD)Nos.3 and3 of 2008
16.04.2024
1 issue framed by the court
Whether Second Appeals filed in default shall be allowed or dismissed.
Ist Defendant
K.Rukmani
State Bank of India
Preethi
K.Rukmani
State Bank of India
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
