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2026 Supreme(Online)(Mad) 19642

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. SOUNTHAR, J
Rathinal, W/o. Chinnaraj, Vijayal, W/o. Subramaniam – Appellant
Versus
Kannammal, W/o. Raju – Respondent
SA No. 33 of 2022 | CMP No.645 of 2022



Advocates:
For the Appellants/Petitioners: No appearance

A second appeal can be dismissed for default when appellants fail to appear or provide representation as required.

Headnote:This judgment examines the dismissal of a second appeal filed under Section 100 of CPC. The appellants failed to appear after notice was issued, resulting in the appeal being dismissed for default. The court clarified that there would be no order regarding costs, concluding proceedings related to the connected civil miscellaneous petition.

Table of Content
1. failed representation leads to dismissal of appeal. (Para 1)
2. court process involves issuing notices for non-representation. (Para 2)
3. no costs ordered in case of appeal dismissal. (Para 3)

JUDGMENT

It is seen from the records that the learned counsel, who entered appearance for the appellants reported ‘no instructions’ as early as on 21.10.2024 and hence, as per order, notice was issued to the appellants. Thereafter, notice has been served to the appellants 4, 5, 6 and 7 and the notice taken to the other appellants were returned with an endorsement “ no such addressee ”. Till date, no other counsel entered appearance for appellants. 2. When the matter was came up for hearing on 04.03.2026, there was no representation on behalf of the appellants in the forenoon as well as afternoon.

Therefore, Registry was directed to list the second appeal under the caption “for dismissal” on 06.03.2026. Even today, there is no representation for the appellants.

3. In view of the above, this second appeal is dismissed as default. There shall be no order as to costs. Connected civil miscellaneous petition is closed.

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