The High Court at Madras disposed of an application filed by Century Papers Ltd to set aside an order dismissing its earlier suit and restore the main suit. With the respondent absent, the court granted the relief sought.
The application to set aside the order dated 02.12.2005 and restore C.S.No.675 of 2005 was allowed as prayed.
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) FRIDAY, THE 23RD DAY OF NOVEMBER 2018
THE HON'BLE MR. JUSTICE M.SUNDAR
A.No.5503 of 2010 in C.S.No.675 Of 2005
C.S.No.675 of 2005:
Century Papers Ltd Stone House 30,N.R.K.R Road Represented through its Director Mr.Nauratan Mal Daga
... Plaintiff -Versus1.The Coronation Litho Works Ltd Asha Mansion, II Floor 58-1, Montieth Road Egmore Chennai 600 008. 2.The Coronation Litho Works, Rep.by its Partners a)D.G.Dharmar b)Gnanagiri Ganeshan c)G.D.Nataraj Prabhu d)Gnanagiri Balaji 3.D.G.Dharmar 4.Gnanagiri Ganeshan 5.G.D.Nataraj Prabhu
6.Gnanagiri Balaji Defendants 2 to 6 residing at 38, Thiruthangal Road Sivakasi 626 123. ... Defendants
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A.No.5503 of 2010:
Century Paper Ltd Stone House 30,R.R.K.R Road Represented by its Director Mr.Nauratan Mal Daga
... Applicant
-Versus-
The Coronation Litho Works Ltd Asha Mansion, II Floor 58-1, Montieth Road Egmore, Chennai 600 008.
...Respondent/I Defendant Application praying that this Hon'ble Court be pleased to set aside the order dated 02.12.2005 and restore C.S.675 of 2005 which was dismissed on 02.12.2005 as against 1st Respondent/Defendant to file.
This application coming on this day before this court for hearing, the court made the following order: This application has been filed with a prayer to set
aside the order dated 02.12.2005 for restoring the main suit i.e., C.S.No.675 of 2005, which was dismissed against first defendant on 02.12.2005.
applicant/plaintiff submits that first defendant has been duly served and name of the first defendant has been shown
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in the cause list. Name of the first defendant called out aloud thrice. No response.
Sd/.M.S.J.
23.11.2018.
//Certified to be a true copy//
Dated this the th day of 2018.
DL/28.11.2018 COURT OFFICER
From 25.09.2008 the Registry is issuing certified
copies of the Order/Judgment Decree in this format.
1 issue framed by the court
Whether the application to set aside the order dismissing the main suit and restore it should be allowed given the defendant's absence.
Century Papers Ltd
The Coronation Litho Works Ltd
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
