The Madras High Court restored a second appeal to the file after the appellant paid the requisite costs to condone a significant delay. The court accepted counsel submissions that costs were paid and was satisfied with the reasons provided in the supporting affidavit.
The Second Appeal No.SR32063 of 2010 is restored to the 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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Second day of February Two Thousand Seventeen PRESENT
The Hon`ble Mr.Justice M.DURAISWAMY
CMP(MD) No.793 of 2017 IN SA(MD) No.SR 32063 of 2010
SRIL JOHN ... PETITIONER/APPELLANT Vs NARAYANA POTRI
SRIL RAJAMANI ... RESPONDENTS/RESPONDENTS
PRAYER IN CMP(MD).793/2017:
This civil Miscellaneous Petition filed under order 41 rule 19 of C.P.C to restore the SA(MD).SR.No.32063 of 2010 dated 27/09/2011 before the Honourable Court.
Prayer in SA(MD)No.SR 32063 of 2010
This Second Appeal filed under section 100 of CPC against the Judgment and Decree passed in AS No.118 of 2006 on the file of the Sub Court, Padmanbhapuram dated 03.10.2007 reversing the Judgment and decree in O.S.No 390 of 2000 dated 31.03.2006 on the file of the Additional District Munsif, Padmanbhapuram.
Order: This miscellaneous petition is coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.V.Illanchezian, Advocate for the Petitioner/Appellant, Mr.B.Brijesh Kishore, Advocate for the 1st Respondent and Mr.G.Cenil, Advocate for the 2nd Respondent. The Court Made the following order:
Heard both sides.
2.By order dated 09.01.2017, this Court condoned the delay of 1799 days in filing a petition to restore the petition in M.P.(MD) No.1 of 2010 on payment of costs of Rs.3,000/-
Sd/ Assistant Registrar(CS-I)
/True Copy/
Sub Assistant Registrar.
TO
ORDER
MS/PN/SAR-2/9.2.2017/2P.3C
1 issue framed by the court
Whether the second appeal (S.A.) filed under Section 100 of CPC should be restored to the file after condoning the delay.
2 provisions across 1 enactments
Sril John
Narayana Potri
Sril Rajamani
M.Duraishwamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
