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High Court of Judicature at Madras
R. KARUPPIAH, J.
Rajaram
Versus
Gopu & Another
Second Appeal No. 1636 of 2004
Decided on: 30-01-2014
Dismissal - Non Prosecution - The court dismissed the Second Appeal for non-prosecution due to lack of representation by both the appellant and the respondents, despite the matter being settled between the parties.
Fact of the Case:
The appellant and respondents did not appear for the hearing despite the matter being settled between the parties.
Finding of the Court:
The Second Appeal is dismissed for non-prosecution.
Issues:
Ratio Decidendi: Lack of representation and non-prosecution led to the dismissal of the Second Appeal.
Final Decision: The Second Appeal is dismissed for non-prosecution. No costs.
1. When the matter came up for hearing on 23.01.2014, there was no representation on behalf of the appellant. Hence, the matter was listed today i.e., 30.01.2014 under the caption 'for dismissal". Today also there is no representation on behalf of the appellant as well as the respondents. It is seen from the docket order, it is revealed that on 03.01.2014 itself, both sides counsel reported that the matter has already been settled between the parties.
2. In the above said circumstances, there is no representation on behalf of the appellant as well as the respondents in spite of that the case is posted today under the caption "for dismissal". Therefore, the Second Appeal is dismissed for non prosecution. No costs.
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