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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. SOUNTHAR, J.
Thammanpatti Nadar Uravinmurai – Appellant
Versus
Manivel Nadar – Respondent
S.A. (MD) No. 456 of 2005
Decided On : 10-07-2024
CIVIL PROCEDURE - SECOND APPEAL - The court dismissed the Second Appeal for default due to the appellants' failure to appear or provide instructions, highlighting the importance of representation in legal proceedings and the consequences of non-compliance with court protocols.
Fact of the Case:
The Second Appeal was filed under Section 100 of the Civil Procedure Code against a judgment and decree from a lower court, which had confirmed a previous ruling.
Finding of the Court:
The court noted the absence of representation for the appellants during the hearing and subsequently dismissed the appeal for default.
Issues: Whether the Second Appeal could proceed in the absence of the appellants or their counsel.
Ratio Decidendi: The court emphasized that parties must actively participate in their appeals; failure to do so can result in dismissal.
Result: The Second Appeal was dismissed for default with no costs awarded.
JUDGMENT :
S. SOUNTHAR, J.
Prayer: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S. No. 16 of 2004, dated 2.12.2004, on the file of Subordinate Judge, Aruppukkottai, confirming the judgment and decree made in O.S. No. 277 of 1983, dated 18.11.1986, on the file of District Munsif of Aruppukkottai.
1. When the Second Appeal came up for hearing on 09.07.2024, the learned counsel for the appellants filed a memo reporting “no instructions.” Therefore, the Registry was directed to list the Second Appeal under the caption “for dismissal” today by printing the names of the appellants.
2. Today, the Second Appeal is listed under the caption “for dismissal” by printing the names of the appellants in the cause-list. Even today, there is no representation for the appellants.
3. Hence, the Second Appeal is dismissed for default. No costs.
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 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.
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 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 active participation and adherence to procedural rules in civil proceedings.
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.
A party may withdraw a Second Appeal if the underlying dispute has been resolved through settlement.
Failure to appear in court can lead to dismissal of appeals, underscoring the importance of active participation in legal proceedings.
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