Thesingu Raja v. Ramasamy(died)
Case brief
What is this about?
Dismissal for default of Second Appeal S.A.(MD)No.327 of 2004 (connected C.M.P(MD)No.1628 of 2004) before the Madurai Bench of Madras High Court on 27.01.2025 by Justice V. Sivagnanam. Appellants Thesingu Raja and Ramasubramania Raja (original Defendants 1 & 2) failed to appear after their counsel reported 'no instructions' on 20.01.2025. The appeal had been filed under Section 100 CPC against A.S.No.60 of 1999 (Principal District Court, Virudhunagar at Srivilliputtur) confirming the decree in O.S.No.550 of 1994 (Principal Sub Court, Srivilliputtur). Respondents included the deceased plaintiff Ramasamy (represented by LRs Selvi, minor Arivudurai and minor Karthikeyan, impleaded by order dated 19.06.2023) and Pillaiyar. No merits adjudicated; useful only as evidence of non-appearance/default, not for any doctrinal holding.
What did the court decide?
The Second Appeal is dismissed for default: despite the appellants' names being printed in the cause list following their counsel's report of 'no instructions', the appellants appeared neither in person nor through counsel; consequently the connected miscellaneous petition is also closed, with no costs.