2024 Supreme(Mad) 1551

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.SOUNTHAR, J.
V.N.Balaji – Appellant
Versus
The Executive Officer, Aathi Kumbeshwarar Temple – Respondent
S.A(MD)No.718 OF 2009 and M.P(MD)No.1 of 2009
Decided on : 04-07-2024

IMPORTANT POINT
Failure to appear in court can lead to dismissal of appeals, underscoring the importance of active participation in legal proceedings.

Headnote:

CIVIL PROCEDURE - SECOND APPEAL - The court dismissed the Second Appeal for default due to the appellant's repeated absence during hearings, emphasizing the importance of representation in legal proceedings and the consequences of failing to appear.

Fact of the Case:

The appellant filed a Second Appeal under Section 100 of the Civil Procedure Code against a judgment and decree from a lower court. The case was scheduled for hearing on multiple occasions, but the appellant failed to appear.

Finding of the Court:

The court noted the absence of the appellant during the hearings and decided to dismiss the appeal for default, highlighting the necessity of representation in court.

Issues: Whether the absence of the appellant during scheduled hearings warranted the dismissal of the Second Appeal.

Ratio Decidendi: The court established that repeated non-representation by the appellant justified the dismissal of the appeal, reinforcing the procedural requirement for parties to be present in court.

Result: The Second Appeal was dismissed for default, and the connected Miscellaneous Petition was closed.