Allowed

Nelson Rajasekaran, v. Union Bank of India

Madras HC3 Mar 2017SA(MD)/440/2014

Case brief

AI extract

What is this about?

The Madras High Court allowed an appeal against an order confirming an unfiled plaint. It set aside the lower appellate and trial court judgments and remitted the matter to the District Munsif Court to number the plaint and dispose of the suit on merits.

What did the court decide?

The judgment and decree confirming the unfiled plaint were set aside. The matter was remitted to the trial court to number the plaint and dispose of the suit on merits.

Nelson Rajasekaran, Vs Union Bank of India — Service and Employment | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Friday, the Third day of March Two Thousand Seventeen

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PRESENT

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The Hon`ble Mr.Justice S.S.SUNDAR

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SA(MD) No.440 of 2014

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NELSON RAJASEKARAN

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...APPELLANT/APPELLANT/PLAINTIFF

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1 UNION BANK OF INDIA, CHENNAI (ARMP), 7D (OLD NO.96), G.N.CHETTY ROAD, T.NAGAR, CHENNAI.

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2 RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL NO.2, 4TH FLOOR, SPENCER TOWERS, 770A, ANNA SALAI, CHENNAI.

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3 S.ABDUL WAHAB,

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4 G.MAHBUL HUSSAIN ...RESPONDENTS 1 TO 4/RESPONDENTS/DEFENDANTS

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Appeal filed under section 100 of civil procedure code, praying this Court to set aside the Judgment and decree in A.S.No.5 of 2012 dated 13.09.2012 on the file of the Principal sub Court,Thanjavur confirming the Judment and decree in U.F.Plaint in C.F.R.No.650/2012 dated 24.01.2012 on the file of the District Munsif Court,Thanjavur.

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Decree: This Appeal is on coming for hearing on Friday, the second day of December, Two Thoussand and sixteen upon perusing the grounds of Appeal judgment and decree of the lower Appellate court and the court of first Instance and the Material papers of the Appeal and upon hearing the arguments of Mr.K.Vaithilingam,Advocate for Appellant and of Mr.K.Govindarajan,Advocate for the 1^st Respondent and of D.Stanely David,Advocate for the 3^rd Respondent and the 4^th Respondent has already died and the 2^nd Respondent not appeared either in person or by an advocate,this court, having stood over for consideration till this day, while allowing the Appeal doth order and decree as follows:

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(i)That,the judgment and decree passed by the principal subordinate Judge,Thanjavur, dated 13/09/2012 madein A.S.No.5/2012 confirming the judgment and decree passed by the District Munsif,Thanjavur,dated 24/01/2012 madein unfiled plaint in https://hcservices.ecourts.gov.in/hcservices/ C.F.R.No.650/2012 be and hereby are set aside.

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(ii)That,the matter be and is hereby remitted to the trial court with a direction to the trial court to number the plaint and dispose of the suit on merits and in accordance with law;

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(iii)That, both the parties in the second Appeal herein be and are hereby directed to appear before the trial court on 27.03.2017;and

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(iv)That there be no order as to costs in this Second Appeal. Sd/-

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Assistant Registrar[CO]

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/True copy/

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Sub Assistant Registrar

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1.The Principal Sub Court,Thanjavur.

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2.The District Munsif Court,Thanjavur. Copy to:

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The Section officer,

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VR Section

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Madurai Bench of Madras High Court, Madurai.

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D E C R E E

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SA(MD)NO.440 OF 2014

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Allowing the Appeal preferred against the Judgment and decree passed by the Principal sub court, Thanjavur,dated 13/9/12 madein A.S.No.5/2012 and remitted the matter to the trial Court and directed dispose the suit on merits and etc. as stated within

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KK-SV-MMS-SAR3-27.03.2017-2P-4C

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

Nelson Rajasekaran, v. Union Bank of India

Case brief

What is this about?

What did the court decide?

Nelson Rajasekaran, v. Union Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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