The Madras High Court restored a Second Appeal dismissed for default under Order 41 Rule 19 CPC, noting no delay in the application and service of respondents.
Restored the Second Appeal to file for final hearing on 22.11.2021.
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.
CMP(MD). No.3949 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Monday, the Fifteenth day of November Two Thousand Twenty One
PRESENT
The Hon`ble Mr.Justice R. VIJAYAKUMAR
CMP(MD). No.3949 of 2019 IN SA No..1330 of 1998
Prayer in CMP(MD). No.3949 of 2019 :-
This Civil Miscellaneous Petition filed under Order 41 Rule 19 of CPC, praying this Court to set aside the order of dismissal for default dated 26.11.2018 in S.A.No.1330 of 1998 and restore the same
Prayer in SA No..1330 of 1998
This Second Appeal is filed under Section 100 of CPC., praying this Court, against the judgment and decree dated 27.02.1998 in A.S.No.91 of 1996 on the file of the appellante authority of Madurai (Principal District Judge) Madurai confirmed the the decree and judgment in OS.No.504 of 1985, dated 27.07.1995 on the file of the Principal Sub-Judge, Madurai
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CMP(MD). No.3949 of 2019
ORDER:-
This Second /Appeal Petition coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.V.Venkataseshan Advocate For Petitioner, and no Counsel Appear For Respondents, , this Court made the following order:
The present application has been filed to restore the Second Appeal, which was dismissed for default on 26.11.2018 and there is no delay in filing this application. The respondents in the application have been served and there is no representation on behalf of the respondents.
Sd/Assistant Registrar (CS-Ii)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
TO
2 The Principal Subordinate Judge, Madurai
Copy to:
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai (for Posting the matter)
ORDER DATED : 15/11/2021 NEXT HEARING : 22.11.2021 ========================== RESTORED ========================== CMP(MD). No.3949 of 2019 IN SA No..1330 of 1998 Giving direction and etc. as stated within. KB(19.11.2021) 2P 4C
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1 issue framed by the court
Whether the Second Appeal dismissed for default should be restored upon application.
2 provisions across 1 enactments
M. Krishnamoorthy
Tmt Angammal
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
