The Second Appeal filed by the appellants was listed for hearing, but no counsel appeared despite opportunities granted by the Registry. The respondent's counsel was present. Consequently, the court dismissed the appeal for default with no order as to 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.
S.A(MD)No.557 of 2005
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.07.2024
CORAM
THE HON'BLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.557 of 2005
1.R.Krishnan
2.Ayyammal ... Appellants/Appellants Plaintiffs
Vs.
A.Subbiah ... Respondent/Respondent Defendant
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree passed in A.S.No.187 of 2001, dated 09.11.2004 on the file of the I Additional Sub Court, Madurai, confirming the judgment and decree passed in O.S.No.674 of 1994, dated 11.07.2001 on the file of the District Munsif Court, Thirumangalam.
For Appellants : No appearance
For Respondent : Mr.M.Saravanan
S.A(MD)No.557 of 2005
JUDGMENT
When the Second Appeal was taken up for hearing on 20.06.2017,
the learned Counsel appearing for the appellant submitted that, he had already handed over the papers to the appellants. Recording the same, the Registry was directed to the print the names of the appellants in the cause-list.
2. Thereafter, the Second Appeal was listed on 04.07.2024, by printing the names of the appellants and there was no representation for the appellants. Hence, in order to give an opportunity to the appellants, the Registry was directed to list the matter today under the caption 'For Dismissal'.
3. Today, the Second Appeal is listed under the caption 'For
Dismissal'. Even today, there is no representation for the appellants.
4. The learned Counsel for the respondent is present.
2/4
S.A(MD)No.557 of 2005
5. Hence, this Second Appeal stands dismissed for default. There
shall be no order as to costs.
05.07.2024
NCC : Yes / No Index : Yes / No Internet : Yes BTR
To
3/4
S.A(MD)No.557 of 2005
S.SOUNTHAR, J.
BTR
Judgment made in S.A(MD)No.557 of 2005
Dated: 05.07.2024
1 issue framed by the court
Whether the appellants' failure to appear warrants dismissal of the Second Appeal for default?
1 provisions across 1 enactments
R.Krishnan
Ayyammal
A.Subbiah
S.SOUNTHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
