The Court considered applications for stay and withdrawal of a civil suit dismissed for default. It reserved the plaintiff's right to revive the prayer should the suit be restored in the future and subsequently closed both applications.
Leave granted to revive prayer if suit is restored; applications closed.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 22ND DAY OF MARCH 2018
THE HON'BLE MR. JUSTICE M.SUNDAR A.Nos.2356 and 2357 of 2018 in C.S.No.134 of 2017
Mrs.Banni Bai, W/o Mr.Paranthaman, NO.17, 9th Street, Sasthiri Nagar, Adyar, Chennai 600 020 .. Applicant/Plaintiff in both Applications Vs. 1.Mr.D.Balaraman, S/o Duraisamy, No.39, East Coast Road (Muttukadu Road) Thiruvanmiyur, Chennai 600 041 2.Tmt.Mohideen Fathima, W/o Umar Mohideen, No.47, Arundale Street, Mylapore, Chennai 600 004 .. Respondents/Defendants in both Applications
A.No.2356 of 2018 :
Application praying that this Hon'ble Court be pleased to stay of all further proceedings in O.S.No.13613 of 1996 on the file of VII Assistant, City Civil Court, Chennai.
A.No.2357 of 2018 :
Application praying that this Hon'ble Court be pleased to withdraw O.S.No.13613 of 1996 pending on the file of VII Assistant, City Civil Court, Chennai to be tried along with C.S.No.134 of 2017.
These applications coming on this day before this court for hearing the court made the following order:
This common order shall govern both these applications. Sole plaintiff in the main suit is the lone applicant in these applications and defendant Nos.1 and 2 in the main
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suit are respondent Nos.1 and 2 in these applications. Parties in these applications are referred to by their respective ranks in the main suit for the sake of convenience and clarity.
//Certified to be a true copy//
Dated this the day of 2018.
TR/09.05.2018 COURT OFFICER(OS)
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
2 issues framed by the court
Whether the prayers for stay and withdrawal of a suit dismissed for default can be pursued given the possibility of restoration.
Whether to grant leave to revive the prayer if the dismissed suit is restored.
Mrs. Banni Bai
Mr. D. Balaraman
Tmt. Mohideen Fathima
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
