A petition for condonation of delay in filing a review application was dismissed for non-prosecution as the petitioner failed to appear in person or through counsel on the date of hearing.
The petition for condonation of delay in filing the review application was dismissed for non-prosecution.
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.10554 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Fifteenth day of March Two Thousand and Twenty Two
PRESENT
The Hon`ble Mr.Justice R.SUBRAMANIAN
CMP(MD) No.10554 of 2021 IN REV.APLC.(MD) No.SR60865 of 2021
M.M.JAMAL MOHIDEEN ... PETITIONER/PETITIONER
Vs
SAIFULLA ... RESPONDENT/RESPONDENT
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 29 days in filing Review Application as against the Judgment and Decree dated 16.03.2021 in SA(MD) No. 52 of 2019 on the file of this Honourable Court.
PRAYER IN REV.APLC.(MD) No.SR60865 of 2021 :
Pleased to review the order dated 16.03.2021 made in SA(MD) No.52 of 2019 on the file of this Hon'ble High Court and allow the above review application.
PRAYER IN SA(MD) No.52 of 2019 :
Second Appeal filed under Section 100 of Code of Civil Procedure, against the Judgment and Decree dated 23.03.2018 passed in A.S.No.12 of 2016 on the file of I Additional District Court, Tuticorin, confirming the judgment and decree dated 21.07.2016, passed in O.S.No.71 of 2007, on the file of the Sub Court, Tuticorin.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof none appeared for the petitioner either in person or by an Advocate, the court made the following order:-
Notice was ordered to the respondents on 11.02.2022. It is seen that the learned counsel for the petitioner has not paid batta. Though private notice was ordered, no proof has been filed.
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CMP(MD) No.10554 of 2021
sd/-
15/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
ORDER IN CMP(MD) No.10554 of 2021 IN REV.APLC.(MD) No.SR60865 of 2021 Date :15/03/2022
USK/PN/SAR-III/18.03.2022/2P/3C
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1 issue framed by the court
Whether the delay condonation petition should be allowed despite non-appearance by the petitioner.
M.M.JAMAL MOHIDEEN
SAIFULLA
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
