The Madurai Bench of the Madras High Court allowed a miscellaneous petition to restore a second appeal (S.A. No. 1697 of 2002) previously dismissed for non-prosecution. The court scheduled the appeal for final hearing.
The Second Appeal in S.A. No. 1697 of 2002 was restored to file for final hearing on 06.12.2021.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Nineteenth day of November Two Thousand Twenty One PRESENT
The Hon`ble Mr.Justice R. VIJAYAKUMAR CMP(MD). No.11871 of 2018 in SA(MD)No.1697 of 2002
Vs
... Respondents/ Respondents
Prayer :-
This Miscellaneous Petition under Order 41 Rule 19 and Under Section 151 of C.P.C. to pass an order to setaside and restore the Second Appeal in S.A.No.1697 of 2002 on the file of this Honourable Court which was dismissed for non prosecution on 06.07.2012 and thus render justice.
ORDER:- This Miscellaneous 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.T.Arul, Advocate for the Petitioner and of Mr.K.Sree Kumaran Nair, Advocate https://hcservices.ecourts.gov.in/hcservices/ for first to fourth respondents, this Court made the following order:
The present application has been filed to set aside and restore the Second Appeal in S.A.No.1697 of 2002, which was dismissed for non-prosecution on 06.07.2012.
Assistant Registrar (CO)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
To
Copy to:
The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 copies).
ORDER DATED : 19/11/2021
HEARING DATE : 06/12/2021
==========================
ORDER
==========================
CMP(MD). No.11871 of 2018
Allowing the petition and etc. as stated within.
RK(02/12/2021) 2P 5C
2 issues framed by the court
Whether the Second Appeal number 1697 of 2002 can be restored to file after being dismissed for non-prosecution.
Whether the reasons stated in the affidavit support the admission of the petition.
2 provisions across 1 enactments
P.Palani Asari
P.Kumar
P.Senthil
P.Saravanan
R.Kumara Udayamarthandan
Sreemathy
R. VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
