P. Suresh, S/O. Palavesamuthu v. Palavesamuthu Nadar
Case brief
What is this about?
Appeal dismissed for non-prosecution; default dismissal for want of representation; counsel's memo dated 15.07.2025 stating no instructions from party; notice returnable by 29.07.2025 unanswered; case posted under caption 'for dismissal'; no costs; connected miscellaneous petition closed; A.S.(MD)No.66 of 2014; M.P.(MD).No.1 of 2014; Madurai Bench of Madras High Court; K.K. Ramakrishnan; Section 96 Civil Procedure Code; appeal to set aside judgment and decree dated 01.04.2014; O.S.No.42 of 2011; I Additional District Court Tuticorin; LRs of deceased 2nd respondent brought on record; C.M.P.(MD).No. 11880 of 2023; C.M.P.(MD).No. 3792 of 2024; D.Nallathambi.
What did the court decide?
The appeal suit is dismissed for non-prosecution: despite repeated adjournments, a memo dated 15.07.2025 recording that counsel had no instructions, notice returnable by 29.07.2025, and posting under the caption 'for dismissal', there was no representation for the appellant on 30.07.2025; no costs were awarded and the connected miscellaneous petition is closed.