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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. SOUNTHAR, J.
Rakkammal – Appellant
Versus
Periyasamy – Respondent
S.A. (MD) No. 1297 of 2006, M.P. (MD) No. 1 of 2006
Decided On : 10-07-2024
CIVIL PROCEDURE - SECOND APPEAL - The court dismissed the Second Appeal as not pressed, following the appellants' counsel's request and endorsement, indicating a lack of intent to pursue the appeal further.
Fact of the Case:
The appellants filed a Second Appeal under Section 100 of the Civil Procedure Code against a judgment and decree from a lower court, which had confirmed an earlier decision.
Finding of the Court:
The court granted the appellants' counsel leave to not press the Second Appeal, leading to its dismissal.
Issues: Whether the Second Appeal should proceed or be dismissed based on the appellants' counsel's request.
Ratio Decidendi: The court's decision to dismiss the appeal was based on the appellants' counsel's endorsement indicating that they did not wish to pursue the matter further.
Result: The Second Appeal was dismissed as not pressed, and no costs were 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. 27 of 2004, dated 29.09.2004, on the file of Principal District Judge, Srivilliputhur, confirming the judgment and decree made in O.S. No. 113 of 1999, dated 28.02.2003, on the file of Additional District Munsif, Srivilliputhur.
1. The learned counsel for the appellants seeks leave of this Court to not press this Second Appeal. Leave is granted. The learned counsel has also made an endorement to that effect.
2. In view of the same, the Second Appeal is dismissed as not pressed. No costs. Consequently, connected Miscellaneous Petition is closed.
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 of representation and active participation in legal proceedings.
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.
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.
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.
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 an appeal for default underscores the necessity for parties to be present and represented in court proceedings to avoid adverse outcomes.
Failure to appear in court can lead to dismissal of appeals, underscoring the importance of active participation in legal proceedings.
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