N.P.Saroja v. S.P.Chinnasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Civil Suit No.894 of 2016 P.Saroja, W/o.M.Periyasamy, No.8, II Main Road, Ekkattuthangal, Chennai - 600 097.

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Plaintiff versus 1.S.P.Chinnasamy, S/o.Palanisamy Gounder, P & C Garden, Nolambur, Chennai - 600 037.

2.S.P.Periasamy, S/o.S.Palanisamy Gounder, No.H-108, Periyar Nagar, Erode - 638 001.

3.N.Ramalingam, S/o.V.S.Nachimuthu Gounder, Vellangattuvalasu, Erode Taluk, Erode District.

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Defendants Prayer: Plaint filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 to 6 of C.P.C., praying for the following reliefs; 1/4

a) that the partnership firm "M/s.P.C.Enterprises" having its registered office at No.3, T.S.No.24/P, 25/P in Block No.2, in Guindy Mambalam Taluk, Chennai District be declared to have been dissolved on when notice to that effect was served on the defendants or b) on the alternative the said partnership firm be dissolved with effect from such date as this Court may deem fit and proper; c) that the shares of the partners be declared as per the partnership deed;

d) that a preliminary decree be passed in accordance with law directing rendition of accounts by the defendant 1 in the exclusive management and administration of the business; and e) that a final decree be passed with cost in favour of the plaintiff. For Plaintiff : No Appearance For Defendants : No Appearance

J U D G M E N T

Today, when the suit is taken up for hearing, there was no representation on behalf of the plaintiff. Even after showing the name of the plaintiff in the cause list, none have been appeared on behalf of the plaintiff.

2. On the other hand, on 25.02.2021 itself, the learned counsel appearing for the plaintiff has filed a memo stating that the plaintiff has not 2/4

given any instructions for filing an application to bring the legal representatives of the deceased second defendant.

3. Therefore, being the reason that the plaintiff is not interested in proceeding with the suit and also, for the reason that the plaintiff has not appeared before this Court, this Civil Suit is dismissed for default. However, there is no order as to costs.

15.03.2021 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri 3/4

R.PONGIAPPAN, J.

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