Failure to prosecute a civil miscellaneous petition for over fifteen years due to lack of representation results in dismissal as abated.

Headnote:This judgment addresses a Civil Miscellaneous Petition filed under Order XXII Rule 4 of the Code of Civil Procedure, 1908, seeking substitution of legal representatives in a pending Second Appeal. The petition was filed in 2010 by the original petitioner seeking to bring on record the legal representatives of deceased respondents. The court observed the lack of representation for the petitioner despite multiple adjournments and issuance of notice, ultimately dismissing the petition as abated. The main issue concerns procedural compliance and adherence to principles of natural justice in proceedings involving abated parties. The court emphasized the need for proper representation and follow-up in legal proceedings, noting the prolonged pendency and lack of prosecution. The petition is dismissed as abated.

Table of Content
1. dismissal as abated for lack of representation (Para 1 , 2 , 3 , 4)

ORDER

Daily Order dated March 17, 2026 reads thus:

“The daily order dated March 12, 2026 which reads thus:-

“No representation for the petitioner.

2.However, with a view to adhere the principles of natural justice fully, and in the interest of justice, this CMP is adjourned to

17.03.2026.”

2.Today also there is no change i.e., no representation for the petitioner.

3.Considering the facts and circumstances and that this Civil Miscellaneous Petition was filed in the year 2010 and now, the Advocate has not turned up, this Court is inclined to issue notice to the petitioner.

4.Registry is directed to send notice to the petitioner intimating the date of hearing as April 30, 2026.

5.List the matter on April 30, 2026.

Note: Registry is directed to print the name of the petitioner as well as the petitioner’s counsel name.

2.Notice sent to the Sole Petitioner is returned with the endorsement “addressee deceased return to sender”

3.Hence, this Civil Miscellaneous Petition is dismissed as abated.

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2026 Supreme(Online)(Mad) 41351

IN THE HIGH COURT OF JUDICATURE AT MADRASR.Sakthivel, JKannan alias Krishnarajan – AppellantVersusP.Natarajan – RespondentC.M.P.NO.597 OF 2010|IN S.A.NO.210 OF 2003

Failure to prosecute a civil miscellaneous petition for over fifteen years due to lack of representation results in dismissal as abated.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Sakthivel, J
Kannan alias Krishnarajan – Appellant
Versus
P.Natarajan – Respondent
C.M.P.NO.597 OF 2010|IN S.A.NO.210 OF 2003