Allowed

Kandasamy(Died) v. Karuppiah

Madras HC13 Oct 2017CMP(MD)/7220/2017

Case brief

AI extract

What is this about?

In this civil miscellaneous petition under CPC Order 41 Rule 19, the Madurai Bench allowed the application to set aside an order of dismissal for default. The court noted prior condonation of delay and restored the second appeal for disposal on merits.

What did the court decide?

Application to set aside order of dismissal for default allowed; Second Appeal restored to file for disposal on merits.

Kandasamy(Died) Vs Karuppiah — Civil Procedure and Limitation | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Friday, the Thirteenth day of October Two Thousand and Seventeen CORAM

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The Hon`ble Mr Justice K.KALYANASUNDARAM

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CMP(MD) No.7220 of 2017 IN SA No.1240 of 1996

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1.KANDASAMY(DIED) 2.CHINNAMMAL(DIED) 3.KARUPPIAH

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4.PAPPA ... PETITIONERS

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Vs KARUPPIAH ... RESPONDENT

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PRAYER IN CMP(MD).7220/2017:

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Civil Miscellaneous Petition filed under Order 41 Rule 19 of Civil Procedure Code praying this Hon'ble Court to set aside the order of dismissal for default passed on 07/02/2007 in the above Second Appeal and restore the same to file and dispose the same on merits.

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PRAYER IN SA. 1240/ 1996 :

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Second Appeal filed under section 100 of Civil Procedure Code praying this Hon'ble Court against the Judgment and decree dated 30.04.1996 and made in A.S.No.56/1993 on the file of the First Additional Subordinate Judge, Madurai, reversing the Judgement and Decree dated 02.09.1993 and made in O.S.No.225/1989 on the file of the District Munsif, Melur.

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This Petition coming on for hearing on this day, upon perusing the affidavit and material papers filed, and upon hearing the arguments of Mr.PT.S.NARENDRAVASAN, Advocate for the Petitioner, this Court made the following Order:

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Earlier application in MP(MD)No.1/2013 filed by the petitioner to condone the delay in filing application to set aside in order of dismissal was allowed interms and after reporting compliance the application is allowed on 28.07.2017.

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In view the above fact, this application is allowed.

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Sd/-

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/True Copy/

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https://hcservices.ecourts.gov.in/hcservices/

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Sub Assistant Registrar

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1.The First Additional Subordinate Judge, Madurai. 2.The District Munsif, Melur.

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Copy to : The Section Officer, Judicial Posting, Madurai Bench of Madras High Court, Madurai.

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JS/MR.KKR/SAR.1/26.10.2017/2P-4C

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ORDER DATED:13.10.2017

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RESTORED

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CMP(MD) No.7220 of 2017

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SA No.1240 of 1996

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GIVING DIRECTION ETC., AS STATED WITHIN.

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https://hcservices.ecourts.gov.in/hcservices/

Kandasamy(Died) v. Karuppiah

Case brief

What is this about?

What did the court decide?

Kandasamy(Died) v. Karuppiah

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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