Court granted a single-line order permitting the applicant/plaintiff to file a suit for damages later on the same cause of action under Order II Rule 2(3) CPC in this ordinary original civil jurisdiction matter.
Permission granted to file a suit for damages later on the same cause of action.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
FRIDAY, THE 5TH DAY OF MARCH 2021
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
A.No.886 of 2021
in
C.S.No.81 of 2021
TmtBinu Christeena,
W/o.Thiru Peter Arivarasan
No.3/421 Pandian Salai,
Neelankarai
Chennai 600 115. ..Applicant/Plaintiff
Vs
1.M.A.R.Juherniza
W/o.Late A.Jalal
New D.No.226, Old D.No.171
Ramakrishna Mutt Salai,
Mandaiveli, Chennai-600 028.
2.Mrs.A.J.Manaraseena
D/o.Late A.Jalal
New D.No.226, Old D.No.171
Ramakrishna Mutt Salai
Mandaiveli, Chennai-600 028.
3.Mrs.A.Thameemnisa
D/o.Late Jalal
D.No.14/8 Appavu Gramani 1 st Street,
Mandaiveli, Chennai 600 028.
4.Mrs.A.J.Shahar Banu D/o.Late A.Jalai D.No.51A Salaiar Street Mandaiveli, Chennai 600 028.
5.Mrs.A.J.Noornisa D/o.Late A.Jalal
2
New D.No.8/2, Old D.No.7/1 Lalitha Nagar 1st Street, Mylapore, Chennai-600 004.
6.Mr.J.Khaja Moideen S/o.Late A.Jalal New D.No.226, Old D.No.171 Ramakrishna Mutt Salai, Mandaiveli, Chennai-600 028.
7.Mrs.A.J.Shabina Parveen D/o.Late a.Jalal New D.No.226, Old D.No.171 Ramakrishna Mutt Salai, Mandaiveli, Chennai-600 028.
8.Thiru A.Pradeep S/o.A.Asokan Door No.1, Vanniampathi Street, R.A.Puram, Chennai-600 028. ..Respondents/Defendants
Application praying that this Hon'ble Court be pleased to permit the applicant/plaintiff to file a suit for the damages later on in respect of the same cause of action by granting leave under Order II Rule 2(3) CPC.
This Application coming on this day before this court for hearing, the Court made the following order:
Permission is granted.
// Certified to be true copy// Dated at Madras this day of 2021.
Court Officer(O.S.) https://hcservices.ecourts.gov.in/hcservices/ From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether permission should be granted to the applicant to file a suit later on the same cause of action under Order II Rule 2(3) CPC.
Tmt Binu Christeena
M.A.R. Juherniza
Mrs. A.J. Manaraseena
Mrs. A.Thameemnisa
Mrs. A.J. Shahar Banu
Mrs. A.J. Noornisa
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
