Dismissed

Vasudevan v. Alagarsamy

Madras HC4 Jan 2021CMP(MD)/7079/2020

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a petition seeking acceptance of cause title for a second appeal where one appellant died post-judgment, relying on a prior decision that such a petition is unnecessary, directing the filing of an affidavit instead.

What did the court decide?

Petition dismissed with liberty to file an affidavit; Registry directed to number the appeal without insisting on cause title.

Vasudevan Vs Alagarsamy — Civil Procedure and Limitation | Madras HC (2021)

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CMP(MD) No.7079 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Civil Appellate Jurisdiction )

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Monday, the Fourth day of January Two Thousand and Twenty One

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PRESENT

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The Hon'ble Mr.Justice R.SUBRAMANIAN

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CMP(MD) No.7079 of 2020 in

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SA(MD) SR No.6765 of 2020

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1 VASUDEVAN

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CHANDRA (Since Deceased) ...2^nd Appellant in A.S died Subsequent to the judgment in appeal 2 ALAGIRIKANNAN 3 JAYAKUMAR ... Appellants/Appellants

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ALAGARSAMY ... Respondent/Respondent

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Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to accept the cause title in the Second Appeal.

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Prayer in SA(MD) SR No.6765 of 2020:

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To set aside the judgment and decree dated 21.08.2019 made in A.S.No.44 of 2016 on the file of Additional District Court, Srivilliputhur, confirming the judgment and decree dated 17.08.2016 made in O.S.No. 326 of 2010 on the file of Sub Court, Srivilliputhur, and to dismiss the suit with costs.

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ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.A.ARUMUGAM, Advocate for M/S.AJMAL ASSOCIATES for the Appellants, the Court made the following order:-

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Heard the learned counsel appearing for the petitioner.

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2.This application has been filed seeking acceptance of cause title in the Second Appeal on the ground that the second appellant in the appeal died after the judgment in the appeal.

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3.It has been held by this Court, in Amsavalli and others v. Sarangabani , reported in 2015-5-L.W.885 , that the petition for acceptance of cause title in such case is not necessary. It has been https://hcservices.ecourts.gov.in/hcservices/

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CMP(MD) No.7079 of 2020

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further observed that an affidavit is to be filed bringing to the notice of this Court about the death of the appellant or respondent after the dismissal of the regular appeal. Hence, this petition is dismissed with liberty to file an affidavit stating that the circumstances under which the appeal is filed with different cause title.

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4.The Registry is directed to number the appeal without insisting the petition for acceptance of cause title. sd/-

04/01/2021

/ TRUE COPY /

/ /2021

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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THE ADDITIONAL DISTRICT JUDGE, SRIVILLIPUTHUR.

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THE SUBORDINATE JUDGE, SRIVILLIPUTHUR.

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ORDER IN

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CMP(MD) No.7079 of 2020 in SA(MD) SR No.6765 of 2020

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Date :04/01/2021

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SRS/JC/SAR-III/18.01.2021/2P/3C

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https://hcservices.ecourts.gov.in/hcservices/

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Vasudevan v. Alagarsamy

Case brief

What is this about?

What did the court decide?

Vasudevan v. Alagarsamy

Case brief

What is this about?

What did the court decide?

What the court decided

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