Madras High CourtSA/54/2013dismissed for default

Veerasam v. Duraisami

2018-12-04Honourable Mr Justice Krishnan Ramasamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY S.A.No. 54 of 2013 and M.P.No.1 of 2013

1. Veerasami

2. Angammal

3. Nadarajan ... Appellants Vs Duraisami ... Respondent PRAYER: Second Appeal filed under Section 100 of the code of Civil Procedure Code to set aside the Judgment and decree made in A.S.No.92 of 2007 dated 30.07.2010 passed by the Sub Court, Namakkal reversing of the judgment and decree passed by the Court of Principal District Munsif, Namakkal in O.S.No.165 of 2004 dated 05.02.2007.

For Appellants: M/s.S.Parthasarathy (erstwhile counsel)

JUDGMENT

The erstwhile learned counsel Mr.S.Parthasarathy appearing for the appellants submitted that he had already given change of vakalat. On 27.11.2018, when the matter was called, there was no representation on the side of the appellants, hence the matter was directed to be listed under the caption 'for dismissal' on 04.12.2018. Even today (04.12.2018) when the matter was called, there is no representation on the side of the appellants nor on the side of the parties, in spite of all the parties name printed in the cause list. Hence the suit is dismissed for non prosecution. No costs. Consequently, connected MP.No.1 of 2013 is also closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To 1.The Subordinate Judge, Namakkal.

2.The Principal District Munsif, Namakkal S.A.No. 54 of 2013 and M.P.No.1 of 2013 BS(CO) GSP(07/01/2019) https://hcservices.ecourts.gov.in/hcservices/