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2026 Supreme(Online)(Mad) 45828
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Vadamalai, J
Ponniah – Appellant
Versus
Radhika – Respondent
Second Appeal / A.S.No.174 of 2004 / O.S.No.635 of 2001
An appellate court may dismiss an appeal for default when the appellant fails to enter an appearance or provide representation after being afforded opportunities to be heard.
Headnote:This appeal arises under S.100 of the Civil Procedure Code challenging the reversal of an original suit decree. The matter was listed for dismissal due to persistent non-representation of parties. Finding no appearance on behalf of the appellant despite previous adjournments, the Court was compelled to dismiss the appeal. The core issue addressed was whether the appeal could proceed in the absence of any representation or prosecution by the appellant. The Court observed that despite the matter being listed for dismissal and previous opportunities provided, no counsel appeared to advance arguments, necessitating the dismissal for default. The appeal is dismissed for default.
| Table of Content |
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| 1. dismissal of appeal due to failure of appearance. (Para 1 , 2 , 3) |
JUDGMENT
Today, this matter is listed under the caption “For Dismissal”.
2. When the matter is taken up for hearing, there is no representation on either side. Even on the earlier occasion i.e. on 30.04.2026, there was no representation for the appellant.
3. Being left with no other option, this Second Appeal is dismissed for default. No costs.
