The Madurai Bench of the Madras High Court allowed a petition under Order 41, Rule 19 CPC to restore a dismissed application, setting aside an earlier order dated 09/01/2019 due to reasons stated in the affidavit presented.
Petition allowed; order dated 09/01/2019 set aside; registry directed to restore application CMP(MD) No.11927 of 2018.
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, MADURAI
Tuesday, the Sixteenth day of April Two Thousand and Nineteen
The Hon`ble Mr.Justice R.PONGIAPPAN
CMP(MD). No.4039 of 2019
in CMP(MD)No.11927 of 2018 in AS(MD)SR.No.3808 of 2018
1 ANBU TRADERS, REP. BY ITS MANAGING PARTNER P.J.KANNAN, 121, CHITRAKARA STREET, MADURAI -625 001 REP BY MANAGING PARTNER 2 P.J.KANNAN S/O.JAYAVEERA PANDIYA NADAR, NO.121,
CHITRAKARA STREET, MADURAI-625 001. 3 P.J.MONOHARAN S/O.JAYAVEERA PANDIYA NADAR,
NO.121, CHITHIRAKARA STREET, MADURAI-625 001
... Petitioners/Appellants
Vs
1 M/S.P.J.T.P.CORPORATION, REP. BY ITS MANAGING PARTNER P.J.THANGA PRAKASAM 35A CHITRAKKARA STREET, 2ND LANE, MADURAI-625 001.
2 P.J.THANGA PRAKASAM
NO.35A CHITRHIRAKARA STREET, 2ND LANE, MADURAI-625 001.
3 P.J.T.KOTEESWARA PRABHU (DIED)
PARTNER OF P.J.T.P.CORPORATION NO.35A
CHITRHIRAKARA STREET, 2ND LANE, MADURAI-625 001. ... Respondents/Respondents
Prayer :- Petition filed under Order 41, Rule 19 of the Civil Procedure Code, to restore the application in CMP(MD)No.11927 of 2018 in AS(MD)SR.No.3808 of 2018 by setting aside the order dated 09/01/2019 on the file of this Honourable Court and thus render justice.
Prayer in CMP(MD). 11927/ 2018 : Petition filed under Order IV Rule 9(4) of AS Rules r/w Section 148 of CPC to condone the delay of 209 days in representing the appeal and thus render justice.
AS(MD)SR.No.3808 of 2018: This Appeal filed under section 96 of CPC, prefered against the decree and judgement dated 21.08.2017 in OS No.6 of 2003 passed by the Learned Principal District Judge, Madurai https://hcservices.ecourts.gov.in/hcservices/
ORDER:-This Petition 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 Thiru.K.RAJASEKARAN, Advocate for the Petitioners and none appeared on behalf of the respondents, this Court made the following order:
“Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed.
Registry is directed to restore the application in CMP(MD) No.11927 of 2018”
Sd/Assistant Registrar (CS II) // True Copy //
Sub Assistant Registrar(CS )
TO
The Principal District Judge,
Madurai.
ORDER DATED : 16/04/2019 ========================== ORDER ========================== CMP(MD). No.4039 of 2019 in CMP(MD)No.11927 of 2018 in AS(MD)SR.No.3808 of 2018 Giving direction and etc. as stated within.
DS SAR 29 04 2019 2P 2C
1 issue framed by the court
Whether the petition to restore CMP(MD) No.11927 of 2018 and condone delay is maintainable.
4 provisions across 2 enactments
ANBU TRADERS
P. J. KANNAN
P. J. MONOHARAN
M. S. P. J. T. P CORPORATION
P. J. THANGA PRAKASAM
R.PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
