Madras High CourtCMP/6029/1985dismissed for nonprosecution

v.

2017-06-16Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2017

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA C.M.P. Nos.6029 of 1985 and 10628 to 10630 of 1988 and C.M.A.SR.No.11518 of 1984 S.Vediappan .. Petitioner

Versus

K.A.Kannapa Chettiar K.A.K.C.Bus Service, Krishna Giri.

Respondent CMP.6029/1985: Civil Miscellaneous Petition filed under Section 5 of the Limitation Act to condone the delay of 145 days in filing the CMA.SR. 11518/1984.

CMP No.10628 of 1988 :- Civil Miscellaneous Petition filed under Section 5 of the Limitation Act to excuse the delay of 101 days in seeking to setaside the abatement caused by the death of the sole respondent in CMP No.6029 of 1985 and CMA SR No.11518 of 1984.

CMP No.10629 of 1988 :- Civil Miscellaneous Petition filed under Order 22, Rule 4 of Civil Procedure Code to bring on record Mr.K.Balasubramani, K.A.K.C. Bus Service, Krishnagiri, Dharmapuri District as legal representative of the deceased K.A.Kanappa Chettiar, as second respondent in C.M.P. No.6029 of 1985 and CMA SR No.11518 of 1984.

CMP No.10630 of 1988 :- Civil Miscellaneous Petition filed under Order 22, Rule 9 of Civil Procedure Code to setaside the abatement caused by the death of sole respondent in C.M.P. No.6029 of 1985 and the CMA SR No.11518 of 1984. CMA SR No.11518 of 1984 :- Civil Miscellaneous Appeal filed under Section 30 of the Workmen's Compensation Act 1923 (Act 8 of 1923) against the Judgment and order dated 7th July 1983 in W.C.Case No.28 of 1983 on the file of the Deputy Commissioner of Labour (Commissioner for Workmen's Compensation), Salem. https://hcservices.ecourts.gov.in/hcservices/

For petitioner : No appearance COMMON ORDER CMP No.6029 of 1985 has been filed to condone the delay of 145 days in filing the appeal. CMP No.6029 of 1985 has been dismissed for non prosecution on 19.06.1985. Later on, to set aside the order dated 19.06.1985, CMP No.4709 of 1987 has been filed. By order dated 02.11.1987, CMP No.4709 of 1987 was ordered and CMP.No.6029 of 1985 was restored to file. Thereafter, by order dated 25.11.1987, this Court ordered notice to the respondent. Till date, the petitioner has not taken any steps to serve notice on the respondent, even after the lapse of 30 years. Despite the matter being listed under the caption "for dismissal", no steps have been taken till date. There is no representation on behalf of the petitioner. Therefore, this petition is dismissed for non prosecution. Consequently C.M.A.SR. is rejected. C.M.P Nos.10628 to 10630 of 1988 are closed.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar vsi2/kv To

1. The Deputy Commissioner of Labour (Commissioner for Workmen's Compensation), Salem.

2. The Section Officer, V.R. Section, High Court, Madras - 104.

C.M.P. No.6029 of 1985 in C.M.A.SR.No.11518 of 1984 AK(CO) SP(20/04/2018) https://hcservices.ecourts.gov.in/hcservices/