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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. SOUNTHAR, J.
Subbiah Pandian – Appellant
Versus
Maruthappan – Respondent
S.A. (MD) Nos. 1193, 1194 of 2008
Decided On : 01-07-2024
CIVIL PROCEDURE - SECOND APPEAL DISMISSAL - The court dismissed the second appeals for default due to the appellants' failure to appear or provide instructions despite prior notifications, emphasizing the importance of parties' presence in legal proceedings and the consequences of non-compliance with court processes.
Fact of the Case:
The appellants filed second appeals under Section 100 of the Civil Procedure Code against the judgments and decrees from lower courts regarding a civil suit. Despite multiple notifications, the appellants failed to appear in court.
Finding of the Court:
The court noted the absence of the appellants and their counsel, leading to a decision to dismiss the appeals for default, highlighting the necessity of parties' engagement in the judicial process.
Issues: Whether the second appeals should be dismissed due to the appellants' non-appearance and lack of representation.
Ratio Decidendi: The court established that the absence of the appellants, despite being notified, warranted dismissal of the appeals, reinforcing the principle that parties must actively participate in their legal proceedings.
Result: The second appeals were dismissed for default with no costs awarded.
JUDGMENT :
S. SOUNTHAR, J.
Prayer IN S.A. (MD) NO. 1193 OF 2008 Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S. No. 35 of 2007, dated 29.04.2008, on the file of Sub-Court, Ambasamudram modifying the judgment and decree made in O.S. No. 478 of 2004, dated 7.12.2006, on the file of Principal District Munsif Court, Ambasamudram.
PRAYER IN S.A. (MD) NO. 1194 OF 2008 Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S. No. 41 of 2007, dated 29.04.2008, on the file of Sub-Court, Ambasamudram modifying the judgment and decree made in O.S. No. 478 of 2004, dated 7.12.2006, on the file of Principal District Munsif Court, Ambasamudram.
1. When the Second Appeals were taken up for hearing on 27.06.2024, the learned counsel for the appellants reported that inspite of several letters, his clients have not turned up. Hence, he was reporting “no instructions.” Recording the same, the Registry was directed to list the Second Appeals under the caption “for dismissal” today by printing the names of the appellants in the cause-list. Today, the Second Appeals are 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.
2. Hence, the Second Appeals are dismissed for default. No costs.
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 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 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 an appeal for default underscores the necessity of active participation and adherence to procedural rules in civil proceedings.
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, 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 legal principle established is that a party has the right to withdraw a Second Appeal under Section 100 of the Civil Procedure Code, leading to its dismissal.
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