Kb Lakshmanan v. Kb Joghee
Case brief
What is this about?
The High Court dismissed a Civil Miscellaneous Petition seeking restoration of a Second Appeal dismissed for default in 2009 due to non-prosecution and delay.
What did the court decide?
CMP No.66 of 2010 is dismissed for non-prosecution.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MONDAY THE NINETEENTH DAY OF JULY
TWO THOUSAND AND TWENTY ONE
THE HONOURABLE MR.JUSTICE.ABDUL QUDDHOSE
C.M.P.No 66/2010 in SA No.1726 of 2001
K.B.Lakshman ...Petitioner in CMP No 66/2010 and Appellant in SA 1726/2001
-Vs-
K.B.Joghee ...Respondent/Respondent
Prayer in CMP No.66 of 2010:
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the order of dismissed for default made on 22/12/2009 and restore the Appeal S.A.No.1726 of 2001.
Prayer in S.A.No.1726 of 2001:
Second Appeal has been filed U/s 100 of CPC against the Judgment and Decree passed by the District Judge and Appellate Authority of the Nilgiris at Udagamandalam passed in A.S No.28/99 dated 06/07/2001 allowing the Appeal and reversing the Judgment and decree of the trial Court (District Munsif Court at Udagamandalam) passed in O.S.No.56/1998 dated 03/08/1999.
Issues for consideration
1 issue framed by the court
Whether a Civil Miscellaneous Petition seeking restoration of a Second Appeal dismissed for default can be allowed in the absence of representation and after a long delay.
Parties & counsel
- petitioner
K.B.Lakshman
- respondent
K.B.Joghee
Coram
Abdul Qudhosse
Case details
As recorded by the court registry
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