The Madurai Bench set aside an order dismissing an appeal filed under Section 96 and CPC Order 41 Rule 1 for default. The court accepted the petitioners' explanation regarding the default.
Set aside the order dated 26.08.2009 dismissing the appeal for default and restored the appeal.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Third day of March Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice S.S.SUNDAR
CMP(MD) No.1825 of 2017 IN AS No.532 of 1993
1 G.ABDUL AZIZ(DIED) 2.A.KHAJA MAINUDDEEN(DIED) 3.S.SHAHICK HAQUE 4.K.RUXANA 5.K.MOHAMED ABBAS ... PETITIONER/PROPOSE APPELLANT
Vs
9 NASEEMA BEGAM 10 SHAMEEM BEGAM 11 SHAKEELA BEGAM 12 S.A.AZARA THAPUSUM 13 A.K.IQBAL AHAMED ... RESPONDENTS 10 TO 13/ RESPONDENTS 10 TO 13
14 NAJMUNISA BEGAM ... 14TH RESPONDENT/
PROPOSED RESPONDENT NO.14
Petition filed order 41 Rule 19 of CPC to set aside the order dated 26.08.2009 and restore the A.S.No.532 of 1993 which is dismissed for default on 26.08.2009
Prayer in AS No.532 of 1993:-
Appeal suit filed under Section 96 and order 41 Rule 1 of CPC, to set aside the Judgment and Decree made in O.S.No. 217 of 1984, dated 21.01.1993 on the file of the Principal Subordinate Judge, Tiruchirapalli.
ORDER : This petition coming on for hearing on this day upon https://hcservices.ecourts.gov.in/hcservices/ perusing the petition and affidavit filed in support thereof and upon hearing the arguments of MR.A.ARUMUGAM, Advocate the
petitioners and MR.K.S.SANKAR MURALI, Advocate for the fourth and eleventh respondents and MR.R.SUBRAMANIAN, Advocate for Respondents 6,7,9 and 10 and this court made the following order:-
This petition is filed to set aside the order, dated 26.08.2009, and to restore the above appeal which was dismissed for default.
sd/-
Assistant Registrar(CS-II)
/ TRUE COPY /
Sub-Assistant Registrar TO
1 THE PRINCIPAL SUBORDINATE JUDGE, TIRUCHIRAPPALLI.
Copy To:The Section Officer,Record Keeper,
V.R. Section, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 03.03.2017
ORDER
CMP(MD) No.1825 of 2017
IN
AS No.532 of 1993
Direction given stated within etc.,
CSL/RR/SAR-III/14.03.2017 : 2P/3C
1 issue framed by the court
Whether sufficient cause has been shown for the non-appearance in the underlying appeal which was dismissed for default.
1 provisions across 1 enactments
A.KHAJA MAINUDDEEN
SOPHIA BIBI
S.S.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
