The Madurai Bench allowed the petition to condone delay under Order 41 Rule 21 CPC and Section 151 CPC. It ordered the high court to set aside the judgment dated 15.02.2008 in S.A.No.752 of 2000 and post the second appeal for hearing on 23.12.2021.
The petition to condone delay and set aside the judgment in S.A.No.752 of 2000 allowing the second appeal to be reheard.
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.6463 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Twenty Second day of December Two Thousand and Twenty One
PRESENT
The Hon`ble Mr.Justice R.VIJAYAKUMAR
CMP(MD)No.6463 of 2021 in SA.No.752 of 2000
1.Kandasamy (died)
2.Karthavanam
3.Tamilselvi ... Petitioners (P2 & 3 are brought on record as Lrs of the deceased sole Petitioner vide Court order dt.03.08.21 made in MP(MD)No.1 of 2013 and CMP(MD)Nos.6278, 6280 and 6281 of 2021 in SA.No.752 of 2000)
Vs
Ramalingam ... Respondent/Appellant
Prayer in CMP(MD)No.6463 of 2021 :- This Civil Miscellaneous Petition is filed under Section 41 Rule 21 CPC and under Section 151 CPC to set aside the judgment and decree dated 15.02.2008 made in S.A.No.752 of 2000 and re-hear the above second appeal and thus render justice.
Prayer in SA.No.752 of 2000 :- The Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 08.10.1999 in A.S.No.50 of 1999 on the file of the learned Additional District Judge-cum-Chief Judicial Magistrate, Pudukottai in reversing the judgment and decree dated 16.12.1997 in O.S.No.34 of 1996 on the file of the learned District Munsif, Aranthangi.
ORDER:- This Civil 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.N.Balakrishnan, Advocate for the Petitioner and of Mr.K.Baalasundharam, Advocate for the respondent, this Court made the following order:-
The present application has been filed under Order 41 Rule 21 CPC to set aside the judgment and decree dated 15.02.2008 made in S.A.No.752 of 2000 and re-hear the above second appeal since the https://hcservices.ecourts.gov.in/hcservices/ delay has already been condoned.
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CMP(MD). No.6463 of 2021
Sd/Assistant Registrar (Records)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
Gbg TO 1.The Additional District Judge cum Chief Judicial Magistrate, Pudukottai. 2.The District Munsif, Aranthangi. Copy to: 1.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. 2.The Section Officer, ER/VR Section, Madurai Bench of Madras High Court, Madurai. ORDER DATED : 22/12/2021 ========================== ORDER ========================== CMP(MD)No.6463 of 2021 in SA.No.752 of 2000 Giving direction and etc. as stated within. MGJ(22.12.2021) 2P 6C
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1 issue framed by the court
Whether to condone delay and set aside the judgment in S.A.No.752 of 2000 under Order 41 Rule 21 CPC and Section 151 CPC.
3 provisions across 1 enactments
Kandasamy (died) and others
Ramalingam
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
