Dr.D.Prabhakar vs Amruthalakshmi
2022 Latest Caselaw 6192 Mad

                                                                                         T.O.S.No.6 of 1996

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                          Dated : 25.03.2022

                                                                CORAM

                                   THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                                        T.O.S.No.6 of 1996

                     Dr.D.Prabhakar                                                        ... Plaintiff
                                                                 Vs.

                     Amruthalakshmi                                                       ...Defendant

                                  Civil Suit filed under Sections 222 & 276 of the Indian Succession

                     Act XXXIX of 1925 for grant of Probate

                                                For Plaintiff          : No appearance

                                                For Defendant          : No appearance


                                                        JUDGMENT

On an earlier occasion, viz., 22.02.2022, the learned counsel for the

defendant would submit that he could not contact the defendant and sought

time to report the present stage of the suit, hence at his request, the matter

was adjourned to 21.03.2022. On 21.03.2022, the learned counsel for the

defendant submitted that since he could not contact his client for the past

15 years, he sent a letter dated 22.02.2022 through registered post

acknowledgment due and the same was returned as 'No such Person' and

https://www.mhc.tn.gov.in/judis T.O.S.No.6 of 1996

there was no appearance on behalf of the plaintiff also, hence this Court

directed the Registry to print the name of the plaintiff as well as defendant

in the cause list and to post the matter on 25.03.2022.

2. Today, on 25.03.2022, when the suit is taken up for hearing,

though the name of the plaintiff as well as defendant are printed in the

cause list, there is no appearance by the parties or through learned

counsel, hence the present suit is dismissed for non-prosecution. No costs.

25.03.2022

Index : Yes/No Internet : Yes/No Speaking /Non-Speaking order

ssd

V.BHAVANI SUBBAROYAN, J.,

ssd

https://www.mhc.tn.gov.in/judis T.O.S.No.6 of 1996

T.O.S.No.6 of 1996

25.03.2022

https://www.mhc.tn.gov.in/judis