Gandhi v. Muniyandi (Died)
Case brief
What is this about?
The Madurai Bench of the Madras High Court restored three Civil Miscellaneous Petitions (Nos. 12015-12017 of 2018) to their respective files, dismissing the Sessions Court's challenge regarding the locus of proposed respondents.
What did the court decide?
C.M.P.(MD) No.s 12015, 12016, and 12017 of 2018 are restored to the file.
What the court decided
A compact analysis
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.5316 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Thursday, the Third day of December Two Thousand and Twenty PRESENT
The Hon'ble Mr.Justice M.GOVINDARAJ CMP(MD).Nos.5316 to 5318 of 2020 in S.A.(MD).No.905 of 2013
GANDHI ...PETITIONER IN ALL PETITIONS
1 MUNIYANDI (DIED) 2 KANJANA 3 BALAMURUGAN ...RESPONDENTS IN ALL PETITIONS
Common Prayer in CMP(MD).No.5316 to 5318 of 2020:-
Civil Miscellaneous Petitions are filed under Order 41 Rule 19 of Civil Procedure Code, praying this Court to restore the applications in C.M.P. (MD). Nos. 12015 to 12017 of 2018 which has been dismissed for default order dated 27.08.2019 for nonpayment of batta.
Prayer in CMP(MD).No.12015 of 2018 :
Civil Miscellaneous Petitions filed under Section 5 of Limitation Act, praying this Court filed to condone the delay of 805 days in filing the petition to set aside the abatement caused due to the death of the sole respondent in above S.A.(MD)No.905 of 2013.
Prayer in CMP(MD).No.12016 of 2018 :
Issues for consideration
2 issues framed by the court
Whether to restore the Civil Miscellaneous Petitions (C.M.P.) No.s 12015 to 12017 of 2018 which were dismissed for default due to non-payment of batta.
Whether the petitions seeking condonation of delay for abatement due to death and substitution of legal representatives should be restored to file.
Parties & counsel
- petitioner
GANDHI
- respondent
1 MUNIYANDI (DIED)
- respondent
2 KANJANA
- respondent
3 BALAMURUGAN
Coram
Case details
As recorded by the court registry
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