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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.Sounthar, J.
Jothi and ors. – Appellants
Versus
C.Selvam - Respondent
S.A(MD)No.1108 of 2007
Decided On : 22-07-2024
DEFAULT - SECOND APPEAL - The court dismissed the Second Appeal for default due to the appellants' failure to appear after restoration of the case. The court emphasized the importance of representation in legal proceedings and the consequences of non-appearance, leading to the dismissal of the appeal without costs.
Fact of the Case:
The Second Appeal was filed under Section 100 of the Civil Procedure Code against a judgment and decree from the Principal Sub-Court, Thanjavur, which confirmed a prior judgment from the District Munsif Court at Thiruvaiyaru. The appeal was previously dismissed for default but was restored upon the appellants' application.
Finding of the Court:
After restoration, the appeal was listed for hearing, but there was no representation from the appellants on the scheduled date. The court noted the absence of the appellants during both the first and second calls for the case.
Issues: Whether the Second Appeal should be dismissed for default due to the appellants' lack of representation.
Ratio Decidendi: The court held that the absence of the appellants constituted sufficient grounds for dismissal of the appeal, reinforcing the principle that parties must actively participate in their legal proceedings.
Result: The Second Appeal was dismissed for default, with no costs awarded.
JUDGMENT :
S.Sounthar, J.
Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.1 of 2003, dated 28.6.2005, on the file of Principal Sub-Court, Thanjavur confirming the judgment and decree made in O.S.No.114 of 2002, dated 27.1.2003,on the file of District Munsif Court at Thiruvaiyaru.
It is seen from the records that the Second Appeal was dismissed for default earlier on 08.02.2008.Thereafter, on application filed by the appellants,the matter has been restored.
2.After restoration, the Secon Appeal was listed for hearing on 19.07.21024. On that day, there was no representation for the appellants during the first call as well as the Second Call. In order to give an opportunity to the appellants, the Registry was directed to list the matter under the caption ‘’for dismissal’’ today.
3.Even today, there is no representation for the appellants. The learned counsel for the respondent is present. Hence, the Second Appeal is dismissed for default. No costs.
The dismissal of an appeal for default underscores the necessity for parties to be present and represented in court proceedings to avoid adverse outcomes.
The dismissal of an appeal for default underscores the necessity of representation and active participation in legal proceedings.
The dismissal of a Second Appeal for default underscores the critical importance of a party's representation in legal proceedings and adherence to procedural norms.
The dismissal of an appeal for default underscores the necessity of active participation and adherence to procedural rules in civil proceedings.
A party may withdraw a Second Appeal, leading to its dismissal if the counsel formally indicates the intention not to pursue the case.
The dismissal of appeals for default underscores the obligation of parties to appear and participate in legal proceedings, as failure to do so can result in the loss of their claims.
The dismissal of a Second Appeal for default underscores the requirement for parties to attend court proceedings and the consequences of failing to do so.
A Second Appeal under Section 100 of the Civil Procedure Code abates against deceased respondents, and if already dismissed against others, the appeal cannot be maintained.
Failure to appear in court can lead to dismissal of appeals, underscoring the importance of active participation in legal proceedings.
A party may withdraw a Second Appeal if the underlying dispute has been resolved through settlement.
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