MADRAS HIGH COURT restored a civil revision petition dismissed for default on the application of counsel for the petitioner which also secured the concession of counsel for the respondents allowing for final disposal on a specified date.
CMP(MD) No.2651 of 2017 is allowed; CRP(MD) No.1586 of 2015 is restored on file for final disposal.
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
Monday, the Third day of April Two Thousand Seventeen
PRESENT
The Hon`ble Dr.Justice G.JAYACHANDRAN
CMP(MD) No.2651 of 2017 IN CRP(MD) No.1586 of 2015
ARULMERY (DIED) W/o.IYPE GEORGE IYPE GEORGE(Died)
... PETITIONERS/PETITIONERS
Vs
Prayer in CMP(MD). 2651/ 2017 :
This Petition is filed to set aside the order of dismissal for default passed by this Honourable Court on 28.2.2017 and restore the CRP(MD) No.1586 of 2015 on the file of this Court.
Prayer in CRP(MD). 1586/ 2015 :
Petition is filed under Article 227 of the Constitution of India to set aside the fair and decreetral order dated 08.06.2015 in E.P.No.40 of 2008 in O.S.No.92 of 1986 on the file of the Principal Sub-Judge, Dindigul and thus render justice.
ORDER : This petition coming on for orders on this day, upon perusing the petition and the material papers placed before us and upon hearing the arguments of MR.K.BAALASUNDHARAM,Advocate for the petitioner and of Mr.G.GOMATHI SANKAR, Advocate for the first respondent and the second respondent having not appeared either in person or by an Advocate, this Court made the following order:
Heard the learned counsel for the petitioners and the learned counsel for the respondents. https://hcservices.ecourts.gov.in/hcservices/ Due to some unavoidable reason, the counsel for the petitioners was not able to appear before this Court on 28/02/2017, when the
matter was taken up for final disposal. Hence, the Court has dismissed the revision petition for default.
Today,the learned Counsel, for the revision petitioner submits that he will be ready for final disposal, on any if the matter is restored and taken on file.
Learned Counsel for the respondents also concedes the said request .
Therefore, the application is allowed and the CRP is restored on file.
Post the revision for final on 10/04/2017.
Sd/Assistant Registrar(CS-III) /True Copy/
Sub Assistant Registrar
To
The Principal Subordinate Judge, Dindigul.
Copy to : The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.
JS/KP/SAR.2/10.04.2017/2P-3C
ORDERDATED : 03/04/2017 ORDER CMP(MD) No.2651 of 2017 IN
Restoring the petition etc., as stated within.
1 issue framed by the court
Whether the default dismissal of the revision petition should be set aside and the matter restored for final disposal.
2 provisions across 1 enactments
ARULMERY W/o.IYPE GEORGE IYPE GEORGE
K.RAJU S/O.KARUPPAN SERVAI
Dr.Justice G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
