V.Durai Raj v. M.Pakkirisamy
Case brief
What is this about?
In a Civil Revision Petition under Article 226, this Court held that a dismissal of a suit for default is appealable under Order 43 Rule 1(c) CPC and directed the Lower Court to proceed on merits.
What did the court decide?
Directed the Subordinate Judge to number the CMA and take the matter for hearing on merits and return the original CMP to counsel.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.02.2019
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA
CRP(NPD).No.355 of 2019
V.Durairaj .. Appellant / Petitioner
Vs
1.M.Pakkirisamy
2.M.Lakshmanan
3.M.Panneerselvam ..Respondents/Respondents
Civil Revision Petition filed under Article 227 of the Indian Constitution to grant an order of direction the learned Sub Ordinate Judge, Ulundurpet to number the Unnumbered C.M.A.19R.No.7241 of 2018 with the time as stipulated by this Hon'ble Court.
For Petitioner : Mr.T.Dhanasekar
O R D E R
The above Civil Revision petition is filed challenging the frequent returns being made by the learned Sub Ordinate Judge, Ulundurpet, of the appeal which has been filed by the petitioner before this Court, as against the order in I.A.No.871 of 2018 in O.S.No.83 of 2010 dismissing his application filed for restoring the suit, which was dismissed for default. The above application appears to have been filed on 19.11.2018. On 18.12.2018, the learned Sub http://www.judis.nic.in Ordinate Judge, Ulundurpet, made the following return:
Issues for consideration
1 issue framed by the court
Whether Order 43 Rule 1(c) CPC applies to challenge the dismissal of a suit for default via a Cross-Motion for Appeal?
Parties & counsel
- petitioner
V. Durairaj
- respondent
M. Pakkirisamy
- respondent
M. Lakshmanan
- respondent
M. Panneerselvam
Coram
Case details
As recorded by the court registry
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