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Madras High CourtSA/1434/2008dismissed for default

A. Julius Joseph v. S. Pushpavathi

2021-07-22Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021 CORAM :

THE HONOURABLE MS.JUSTICE P.T.ASHA S.A.NO.1434 OF 2008 A.Julius Joseph ... Appellant Vs.

S.Pushpavathi ... Respondent Prayer:- This Second Appeal has been filed under Section 100 of Civil Procedure Code against the Judgment and decree dated 18.03.2008 passed in A.S.No.15 of 2008 on the file of the III Judge, City Civil Court, Chennai, by reversing the judgment and decree dated 29.08.2007 passed in O.S.No.3848 of 2003 on the file of the II Assistant Judge, City Civil Court, Chennai.

For Appellant : Mr.M.Jayapal Rajan For Respondent : Not ready in notice.

J U D G M E N T

This Court, by an order dated 16.07.2021, had passed the following order:

"When the matter was called on 06.07.2021, there was no representation for the appellant, That apart, notice to the respondent has not been completed. In fact, as early as on 17.11.2008, notice issued to the respondent through Court had been returned "unserved", since the addressee / respondent has been transferred. Thereafter, no steps have been taken to serve notice on the sole respondent. The learned counsel for the appellant is also not appearing before this Court.

https://hcservices.ecourts.gov.in/hcservices/

Post the matter under the caption 'for dismissal on 22.07.2021 "

2.

Today, when the matter is being listed under the caption "for dismissal", there is no representation on behalf of the appellant. Hence, the Second Appeal is dismissed for default. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar srn To 1.

The III Judge, City Civil Court, Chennai.

2. The II Assistant Judge, City Civil Court, Chennai.

3.

The Section Officer, VR Section, High Court, Madras-104.

S.A.No.1434 of 2008 RLD(CO) CS/09/08/2021 https://hcservices.ecourts.gov.in/hcservices/