This judgment is a restorative order granting restoration of a dismissed civil revision petition. The Madurai Bench allowed the CMP filed under Order 41 Rule 19 CPC, satisfied by the affidavit, and restored CRP 37 of 2008 to file.
CRP(MD) No. 37 of 2008 is restored to 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.
CMP(MD). No.6707 of 2019 IN CRP(MD).37 OF 2008
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI Friday, the Second day of August Two Thousand Nineteen
Present
The Hon`ble Mr.Justice S.S.SUNDAR
CMP(MD). No.6707 of 2019 IN CRP(MD).37 OF 2008
Petitioners/Petitioners
...RESPONDENT /RESPONDENT
..2nd RESPONDENT/2nd RESPONDENT
...3&4 RESPONDENT/3 & 4 RESPONDENT 5 V.Rajalakshmi, W/o.Venkata Narashiman(Died)
... 5 to 8 Respondent/ PROPOSED RESPONDENT
Prayer :-
This Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC to pray that this Hon'ble Court may be pleased to Restore the CRP(MD)No.37 of 2008 which was dismissed on 18.07.2019 by this Hon'ble Court and thus render justice.
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CMP(MD). No.6707 of 2019 IN CRP(MD).37 OF 2008
Prayer in CRP(MD).37 of 2008:-
Civil Revision Petition filed under section 115 of the Civil Procedure Code, to set aside the fair and decreetal order passed in C.M.A.No.29 of 2006 dated 08.06.2007 on the file of Principal Sub Court Thanjavur reversing the fair and decreetal order passed in E.A.No.352 of 1988 in E.P.No.440 of 1985 in O.S.81 of 1983 dated 26.09.2006 on the file of the District Munsif Court Thanjavur
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 Ms. D.SELVANAYAGAM, Advocate for the Petitioner, this Court made the following order:
This petition is filed to restore CRP(MD)No.37 of 2008, which was dismissed as abated by this Court on 18.07.2019.
2.This Court is satisfied with the reasons stated in the affidavit filed in support of this petition. Considering the fact that the petitioners have already filed a petition to set aside the abatement, this Petition is allowed and CRP(NPD)(MD)No.37 of 2008 is restored to file.
Sd/-
Assistant Registrar(CS-I)
// True Copy //
Sub Assistant Registrar(CS)
TO
1.The Principal Sub Court Thanjavur 2.The District Munsif Court Thanjavur
Copy to:
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai
ORDER DATED : 02/08/2019 ========================== ORDER ========================== CMP(MD). No.6707 of 2019 in CRP(MD).37 OF 2008
Giving direction and etc. as stated within.
(CO)
TR (09.08.2019) 2P 4C
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2 issues framed by the court
Whether a civil miscellaneous petition filed under Order 41 Rule 19 CPC to restore a previously dismissed revision petition should be allowed given the satisfaction with reasons stated in the supporti
Whether a revision petition previously abated can be restored to file upon their request.
2 provisions across 1 enactments
S.VENAKKAMARY and others
VENKATA NARASHIMAN (DIED) REP BY HIS POWER AGENT R.AADHIBALASUBRAMANIAN and others
S.S.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
