Pappa v. S.Arumugam
Case brief
What is this about?
The Madurai Bench of the High Court set aside the impugned order refusing to condone a 216-day delay and also quashed the dismissal of the suit for default, restoring the suit. The Court identified the dismissal for non-appearance of a witness as per se erroneous.
What did the court decide?
The order refusing condonation of delay was set aside; the dismissal of the suit was set aside; the suit was restored to the file; the Trial Court was directed to dispose of the suit within two months
What the court decided
C.R.P.(NPD) (MD) No.1834 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.12.2021
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P.(NPD) (MD) No.1834 of 2014
Pappa
.. Petitioner/Petitioner/Plaintiff
-vs-
1.S.Arumugam
2.Manimuthu .. Respondents/Respondents/Defendants
Prayer :- Petition filed under Section 115 of Civil Procedure Code to set aside the fair and decretal order passed in I.A.No.757/2013 in O.S.No.132 of 2010 dated 18.06.2014 on the file of the I Additional District Munsif, Tirunelveli.
Issues for consideration
2 issues framed by the court
Whether the High Court is empowered to set aside the Trial Court's erroneous dismissal of a civil suit for default and restore the suit despite procedural irregularities.
Whether the delay in filing the application to condone delay was sufficient to warrant restoration when the initial dismissal was legally erroneous.
Parties & counsel
- petitioner
Pappa
- respondent
S. Arumugam
- respondent
Manimuthu
Coram
Case details
As recorded by the court registry
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