The Madurai Bench of the Madras High Court dismissed a second appeal filed under Section 100 of the CPC for default due to the non-appearance of the appellant, after directing listing twice.
Second appeal dismissed for default. 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.717 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.07.2024
CORAM
THE HON'BLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.717 of 2009
Periyasamy Thevar ... Appellant/Appellant Plaintiff
Vs.
Karuppasamy ... Respondent/Respondent Defendant
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 28.04.2009 made in A.S.No.47 of 2008 on the file of the Subordinate Judge, Sankarankovil in confirming the judgment and decree, dated 07.07.2005 made in O.S.No.227 of 2004 on the file of the Additional District Munsif Court, Sankarankovil.
For Appellant : No appearance
For Respondent : Mr.F.X.Eugene
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S.A(MD)No.717 of 2009
JUDGMENT
When the Second Appeal was taken up for hearing on 28.06.2024,
there was no representation for the appellant in the forenoon as well as in the afternoon session. Hence, in order to give an opportunity to the appellant, the Registry was directed to list the Second Appeal under the caption 'For Dismissal'.
2. Today, the Second Appeal is listed under the caption 'For
Dismissal'. Even today, there is no representation for the appellant.
3. The learned Counsel for the respondent is present.
4. Hence, the Second Appeal stands dismissed for default. There shall be no order as to costs.
02.07.2024
NCC : Yes / No Index : Yes / No Internet : Yes BTR
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S.A(MD)No.717 of 2009
To
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S.A(MD)No.717 of 2009
S.SOUNTHAR, J.
BTR
Judgment made in S.A(MD)No.717 of 2009
Dated: 02.07.2024
1 issue framed by the court
Whether a second appeal can be dismissed for default in the absence of the appellant's appearance?
Periyasamy Thevar
Karuppasamy
S Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
