Glory vs Hepsi Bai
2021 Latest Caselaw 6407 Mad

                                                                         S.A.(MD)No.161 of 2021

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 10.03.2021

                                                      CORAM

                             THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                              S.A.(MD)No.161 of 2021

                      1.Glory
                      2.Wilson                                                Appellants

                                                         Vs.
                      1.Hepsi Bai
                      2.Sulochana                                             Respondents

                      PRAYER:- Second Appeal filed under Section 100 of Code of Civil
                      Procedure, against the Judgment and Decree dated 26.11.2020 made in
                      A.S.No.119 of 2014, on the file of the Subordinate Court, Kuzhithurai as
                      dismissed for non-prosecution against the judgment and decree dated
                      20.08.2014, made in O.S.No.491 of 2010, on the file of the Principal
                      District Munsif, Kuzhithurai.


                                    For Appellants    : Mr.S.Sivakumar


                                                JUDGMENT

This Second Appeal has been filed against the judgment and

decree of the Appellate Court, in and by which, the Appellate court

dismissed the suit for non-prosecution.

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S.A.(MD)No.161 of 2021

2.The remedy of the appellants is to seek restoration of the

appeal, under Order 41 Rule 19 of Civil Procedure Code.

3.No doubt, an appeal would lie an exparte decree or order

dismissing the suit/appeal for default. But, since there is no judgment on

merits, there cannot be a question of law, much less a substantial question

of law in this appeal, that would arise based on the conclusions of the

Appellate Court as contemplated under Section 100 of Civil Procedure

Code.

4.Hence, this Second Appeal is dismissed. This dismissal

will not preclude the appellant from seeking restoration of the appeal that

was dismissed for default. No costs.

10.03.2021

Index : Yes/No Internet: Yes/No vrn

To

1.The Subordinate Court, Kuzhithurai

2.The Principal District Munsif, Kuzhithurai.

3.The Section Officer, Madurai Bench of Madras High Court, Madurai.

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S.A.(MD)No.161 of 2021

R.SUBRAMANIAN,. J.

vrn

Judgment made in S.A.(MD)No.161 of 2021

Dated 10.03.2021

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