The High Court of Judicature at Madras allowed the petition filed to set aside an order dated 05.09.2019 in C.M.P.No.5384 of 2018 and restore that connected proceeding on the file, as the counsel for respondents submitted to the order.
Set-aside of the order dated 05/09/2019 in C.M.P.No.5384 of 2018 and restoration of the same in the file of the Court.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
WEDNESDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.P.NO.4015 OF 2022 IN C.M.P.NO.5384 OF 2018 IN A.S.NO.515 OF 2010
... Petitioners/ Petitioners/Appellants
Vs
... Respondents 2 to 4/ LRs of the deceased 1st Respondent
Prayer in C.M.P.NO.4015 OF 2022: Petition filed under Order 41 Rule 19 of CPC prayed that this Honourable Court may be pleased to set aside the order dated 05/09/2019 made in C.M.P.No.5384 of 2018 in A.S.No.515 of 2010 on the file of this Court.
Prayer in C.M.P.NO.5384 OF 2018: Petition filed under Section 5 of Limitation Act, prayed that this Court to condone the delay of 2041 days in filing the petition to set aside the abatement caused due to the death of the respondent in the above A.S.No.515 of 2010.
Prayer in A.S.NO.515 OF 2010: First Appeal filed under Order XLI Rule 1 r/w. Section 96 of the CPC, against the judgment and decree of the Additional District Judge/Fast Track Court No.1, Coimbatore passed in O.S.No.135 of 2007 dated 12.02.2010.
Order : This petition coming on for hearing on this day and upon perusing the affidavit filed in support thereof and upon hearing the arguments of Mr.N.Ponraj, Counsel for the Petitioner and Mr.B.Nedunchezhiyan, Counsel for Respondents 2 to 4, this Court made the following order:-
This petition is filed to set aside the order dated 05.09.2019 in CMP No.5384 of 2018 in A.S.No.515 of 2010 on the file of this Court and to restore the above CMP.No.5384 of 2018 in A.S.No.515 of 2010 on the file of this Court.
prayed for.
Sd/Assistant Registrar(CS-IV)
//True Copy//
Sub Assistant Registrar
ggs To
THE ADDITIONAL DISTRICT JUDGE, FAST TRACK COURT NO.1, COIMBATORE.
Copy To THE SECTION OFFICER, JUDICIAL DEPARTMENT, HIGH COURT, MADRAS.
DATED : 27/04/2022 ORDER : C.M.P.NO.4015 OF 2022 IN C.M.P.NO.5384 OF 2018 IN A.S.NO.515 OF 2010 Giving Direction etc., as stated herein. AJS(CO) RLP(10/06/2022)
2 issues framed by the court
Whether the petition under Order 41 Rule 19 of CPC praying to set aside an order dated 05/09/2019 and restore CM.P.No.5384 of 2018 shall be allowed.
Whether the objection raised by the counsel for the Respondents against the order passed on 05/09/2019 should be noted.
2 provisions across 2 enactments
D.Samuel Robert
R.Velumani
Chithambarathan (Deceased)
C.Devi
C.Parameshwaran
Ms. Rohini
S.Kannammal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
