The Madras High Court dismissed a revision petition seeking to set aside an order dismissing a second appeal for non-prosecution. The Court directed the Registry to restore the second appeal for final disposal on a future date.
Restoration of the second appeal in S.A.(MD). No. 137 of 2022 for final disposal on 10.11.2022.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Thursday, the Third day of November Two Thousand and Twenty Two
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
R.Pandian, ... Petitioner/Appellant
Vs K.S.Palanisamy ... Respondent/Respondent
Prayer :-
This Petition is filed under order 41 Rule 19 r/w 151 of C.P.C to set aside the order dated 14.03.2022 of dismissing the Second Appeal for non prosecution and restore the Second Appeal in S.A.(MD). No. 137 of 2022
Prayer in SA(MD). 137/ 2022 :
Second Appeal filed under section 100 of C.P.C against the Judgment and Decree 16.09.2021 passed in A.S.No. 95 of 2017 on the file of the Principal Subordinate Judge, Dindigul confirming the Judgment and Decree dated 01.09.2017 passed in O.S.No. 61 of 2012 on the file of the District Munsif Court, Nilakottai, Dindigul.
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.A.P.Muthupandian, Advocate for the Petitioner and of Thiru.R.L.Dhilipan Pandian, Advocate for the respondent this Court made the following order:
Ordered.
Registry is to restore the second appeal and list it for final disposal on 10.11.2022. The learned counsel for the appellant shall be ready for the final disposal on that day.
Sd/-
Assistant Registrar(CO)
// True Copy //
09/11/2022 Sub Assistant Registrar(CS)
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TO 1.The Principal Subordinate Judge, Dindigul
2.The District Munsif Court, Nilakottai, Dindigul. 3.The Record Keeper, V.R.Section Madurai Bench of Madras High Court Copy to: The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 03/11/2022 Next Hearing Date:10.11.2022 ========================== ORDER ========================== CMP(MD). No.3834 of 2022 in S.A.(MD).No.137 of 2022 Giving direction and etc. as stated within.
KB(09.11.2022) 2P 6C
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2 issues framed by the court
Whether the impugned order dismissing the second appeal for non-prosecution can be set aside.
Whether the second appeal in S.A.(MD). No. 137 of 2022 should be restored for final disposal.
2 provisions across 1 enactments
R.Pandian
K.S.Palanisamy
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
