P. VASANTHI Vs. K. N. LAKSHMANAN

JUDGEMENT

(1.) The fair and decreetal order dated 08.01.2019 passed in C.M.P.No.10 of 2017 in A.S.No.252 of 2013 is under challenge in the present civil miscellaneous appeal.

(2.) The plaintiff is the appellant and the suit was instituted for declaration. The suit was dismissed and thereafter the appellant/plaintiff filed an appeal suit in A.S.No.252 of 2013. The suit was pending from the year 2013 and the learned counsel appearing for the appellant made a submission that he had appeared before the Court on all occasions except one or two occasions and during the last occasion, the appeal was dismissed for non-prosecution in view of the fact that the counsel could not appear during the evening session. The dismissal of the appeal was on 23.08.2016 and the docket order of the First Appellate Court reads as under:

(3.) Learned counsel appearing on behalf of the appellant before this Court made a submission that he himself appeared before the First Appellate Court also and during the hearing, he appeared and on the date of dismissal i.e., on 23.08.2016, in the morning when the matter was called and made a representation that he argued the appeal and no further arguments are required. The matter was passed over by the First Appellate Court and when the matter is called-up during the afternoon session, the Court passed the said order by stating that the appeal was dismissed for non-prosecution. Thus, the appellant filed an application to restore the appeal and the said petition for restoration was also dismissed. Thus, the present appeal is filed.