Short order restoring a second appeal dismissed for default after hearing the parties and hearing no substantial objection from the respondent counsel.
Restoration of Second Appeal S.A.(MD).No.739 of 2011 dismissed for default.
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.6672 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Thursday, the Tenth day of December Two Thousand and Twenty PRESENT
The Hon'ble Mr.Justice M.GOVINDARAJ CMP(MD). No.6672 of 2020 in S.A.(MD).No.739 of 2011
Sahayaraj ...Petitioner/Appellant Vs 1 Joseph Vincent (Died) ...Respondent/Respondent
2 Christyrani
3 Daya Verlak 4 Gilbert Irvin ...Respondents/Proposed 2 to 4th Respondent
Prayer in CMP(MD). No.6672 of 2020:-
Civil Miscellaneous Petition is filed under Order 41 Rule 19 of Civil Procedure Code, praying this Hon'ble Court to restore the above S.A(MD).No. 739 of 2011 which was dismissed for default dated 13-11-2019 for non filing of the LR petition for sole respondent.
Prayer in S.A.(MD).No.739 of 2011 :
Second Appeal filed under section 100 of Civil Procedure Code, against the decree and judgment dated 22.10.2008 made in A.S.No.19 of 2005 on the file of the Principal Subordinate Judge, Dindigul, reversing the judgment and decree dated 09.11.2004 made inO.S.No.521 of 2003 on the file of the I Additional District Munsif, Dindigul.
ORDER:-
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 Mr.V.Karuna, Advocate for the Petitioner and of Mr.M.V.Venkataseshan, Advocate for the respondent, this Court made the following order:
Heard.
2 The Counsel for the respondent has no serious objection to allow this petition.
3 Hence, the petition is ordered.
Assistant Registrar(CO)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
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CMP(MD). No.6672 of 2020
To
1 The Principal Subordinate Judge, Dindigul
Copy to
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. (To Post the matter on 14/12/2020)
ORDER DATED : 10/12/2020 HEARING DATED : 14/12/2020
========================== Restoration
==========================
CMP(MD). No.6672 of 2020 in S.A.(MD).No.739 of 2011
Giving direction and etc. as stated within.
pe(CO) TR(11.12.2020) 2P 6C
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1 issue framed by the court
Whether the civil miscellaneous petition praying for restoration of the second appeal dismissed for default be allowed.
2 provisions across 1 enactments
Sahayaraj
Joseph Vincent (Died)
Christyrani
Daya Verlak
Gilbert Irvin
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
