Durgadevi v. Lakshmikanthan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.11.2018 Coram:

The Honourable Mr.Justice R.PONGIAPPAN CMP No.13368 of 2018 in Tr.C.M.P.No.1002 of 2017 Mrs.Durgadevi .. Petitioner/Petitioner

Versus

Mr.Lakshmikanthan .. Respondent/Respondent PRAYER: This Civil Miscellaneous petition is filed under Section 151 of the Civil Procedure Code to set aside the order of dismissal for non-prosecution dated 13.03.2018 made in Tr.C.M.P.No.1002 of 2018 and restore the Tr.C.M.P.No.1002 of 2018 on the file of this Court.

Tr.C.M.P.No.1002 of 2018:- To withdraw the HMOP.No.110/2016 pending on the file of the Subordinate Judge, Gudiyattam and to transfer the same to the file of the Subordinate Judge, Villupuram to be tired along with H.M.O.P.No.176 of 2014.

For Petitioner :

No appearance For Respondent :

No appearance

ORDER

This Civil Miscellaneous petition is filed under Section 151 of the Civil Procedure Code to set aside the order of "dismissal" for non-prosecution dated 13.03.2018 made in Tr.C.M.P.No.1002 of 2018 and restore the Tr.C.M.P.No.1002 of 2018 on the file of this Court.

2. When the matter was taken up for hearing on 26.11.2018, there was no representation on behalf of the petitioner. Hence, the matter was directed to be posted today(29.11.2018), under the caption "for dismissal".

3. Accordingly, the matter was listed in the cause list today (29.11.2018) under the caption "for dismissal". Even, today when the matter is taken up for hearing, there is no https://hcservices.ecourts.gov.in/hcservices/

representation on behalf of the petitioner. Therefore, the Civil Miscellaneous Petition is dismissed for default. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sbn To 1.

The Subordinate Judge, Gudiyattam.

2.

The Subordinate Judge, Villupuram.

CMP No.13368 of 2018 in Tr.C.M.P.No.1002 of 2017 KJ(CO) CS/10/01/2019 https://hcservices.ecourts.gov.in/hcservices/