High Court of Kerala allowed an application under Order IX Rule 9 CPC to restore an F.A.O. dismissed for default on merits, finding sufficient case made out by affidavit.
F.A.O.No.123 of 2014 allowed and the Foreign Appeal is restored to file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 8TH DAY OF NOVEMBER 2021 / 17TH KARTHIKA, 1943
M.J.C NO.91 OF 2021
IN
TO RESTORE F.A.O NO.123 OF 2014 DISMISSED FOR
NON-PROSECUTION ON 29.01.2021
PETITIONERS/APPELLANTS:
SRI.P.SAJU
2
M.J.C NO.91/2021 IN F.A.O No.123/2014
RESPONDENTS/RESPONDENTS:
3
M.J.C NO.91/2021 IN F.A.O No.123/2014
SRI.P.U.SHAILAJAN
THIS MISCELLANEOUS JURISDICTION CASE HAVING COME UP FOR ADMISSION ON 08.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
4
M.J.C NO.91/2021 IN F.A.O No.123/2014
O R D E R
Anil K. Narendran, J
This is an application field by the applicants/appellants,
under Order IX, Rule 9 of the Code of Civil Procedure, 1908 to restore F.A.O.No.123 of 2014, which was dismissed for
default on 29.01.2021.
Having considered the averments in the affidavit filed
in support of this M.J.C, which was one sworn to by the learned counsel for the applicants and also the submissions made by the learned counsel on both sides, we find that the applicants have made out a case for allowing this M.J.C.
In such circumstances, this M.J.C is allowed and F.A.O.
No.123 of 2014 is restored to file.
5
M.J.C NO.91/2021 IN F.A.O No.123/2014
List F.A.O.No.123 of 2014 before Bench on 17.11.2021.
Sd/ANIL K.NARENDRAN JUDGE
Sd/P.G. AJITHKUMAR JUDGE
PV
1 issue framed by the court
Whether the miscellaneous jurisdiction case seeking restoration of a foreign appeal dismissed for default should be allowed.
1 provisions across 1 enactments
KARIYADAN CHANDRI @ LAKSHMI AND OTHERS
KOYITTI RAJAN AND OTHERS
ANIL K.NARENDRAN
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
