S RAMAMOORTHY Vs. COMMISSIONER CUDDALORE MUNICIPALITY CUDDALORE

JUDGEMENT

(1.) (Prayer: Second Appeal is filed under Section 100 of C.P.C against the Judgment and Decree dated 28.08.1996 passed in A.S.No.101 of 1994 on the file of the Principal Subordinate Judge at Cuddalore confirming the judgment and decree dated 08.02.1994 passed in O.S.No.333 of 1990 on the file of the Principal District Munsif Court at Cuddalore.) On 04.12.2009, this case was listed for non-payment of batta with the following directions:- "(1) It is brought to the attention of the advocate that the following matters were listed before the Deputy Registrar (A.S.) for default in payment of batta so as to effect service on the respondents. (2) Since the batta has not been paid till today inspite of sufficient opportunity given, the matters are listed today before this court as a last chance. (3) Advocate is directed to pay batta on or before 17.12.2009 and proof of compliance to be filed immediately. If batta is filed as directed issue notice immediately. Failing payment of batta as directed the Second Appeal shall stand dismissed automatically as against the concerned respondent without reference to the Court."

(2.) TILL date, batta is not paid. This matter is listed today for recording dismissal. Accordingly, the Second Appeal is dismissed for non-payment of batta. No costs.