The High Court allowed a petition filed by the appellant to restore a Second Appeal (S.A. No. 1246 of 2014) previously dismissed for non-prosecution. The Court found the reasons assigned in the supporting affidavit sufficient to lift the default order.
The petition was allowed and the Second Appeal was restored.
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.
1
C.M.P.No. 10173 of 2022 in
S.A. No. 1246 of 2014
T.V. THAMILSELVI, J.
This petition has been filed seeking to set aside the order dated 04.04.2022 dismissing the Second Appeal for non-prosecution.
after filing the above appeal, now it is listed for hearing. However, due to non-appearance of appellant side on 04.04.2022, it was dismissed for default. On coming to know about the same through e-court services, he has filed the above petition to restore the above S.A.
respondent appeared and submitted that he has no objection for allowing this petition.
the reasons assigned in the affidavit filed in support of the petition seeking to restore the Second Appeal, this Court is inclined to allow this petition and to restore the second appeal.
03.08.2022
rpp
2
T.V.THAMILSELVI, J.
rpp
C.M.P.No. 10173 of 2022
in S.A. No. 1246 of 2014
03.08.2022
1 issue framed by the court
Whether the Court is inclined to allow the petition to restore the dismissed Second Appeal?
The Appellant
The Respondent
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
