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2026 Supreme(Online)(Mad) 18763
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI, J
K.Mohamed Nizar – Appellant
Versus
Daulath Ayisha – Respondent
S.A.No.1132 of 2012 | M.P.No.2 of 2012
Advocates:
For the Appellants/Petitioners: No Appearance
For the Respondents: Mr.J.Sudhakaran for R1, R3 to R5
For the Appellants/Petitioners: No Appearance
For the Respondents: Mr.J.Sudhakaran for R1, R3 to R5
A second appeal can be dismissed for default if the appellant fails to appear in court.
Headnote:This case involves a second appeal under Section 100 of the Civil Procedure Code, pertaining to the judgment and decree of the Sub Ordinate Judge, confirming the prior District Munsif Court decision. The case was called twice with no representation from the appellant's side, leading to a dismissal for default. The ruling emphasizes the appellant's duty to appear in court. Consequently, the second appeal stands dismissed for default.
ORDER
When the matter was listed on 04.03.2026, there was no representation on the appellant side. Hence, the Registry was directed to list the case under the caption for dismissal on 06.03.2026. Even today (06.03.2026), When the matter was called, there is no representation on the side of the appellant. Learned counsel for the respondents 1, 3 to 5 present before this Court. Hence, the second appeal stands dismissed for default. No costs.
Consequently, connected miscellaneous petition is closed.
