Allowed

R.Susila(Died) v. T,v,Shanmugasundaram Pillai

Madras HC25 Mar 2022CMP(MD)/4550/2021

Case brief

AI extract

What is this about?

The Madras High Court allowed a Civil Miscellaneous Petition seeking restoration of an appeal dismissed for default. The Court observed that one appellant had died and the other's legal heirs needed to be transposed as appellants before proceeding. Consequently, the case against respondents 7 to 9 was restored.

What did the court decide?

Restoration of the appeal in AS.No.945 of 1997 in respect of respondents 7 to 9; this Civil Miscellaneous Petition is allowed.

R.Susila(Died) Vs T,v,Shanmugasundaram Pillai — Civil Procedure and Limitation | Madras HC (2022)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Twenty Fifth day of March Two Thousand and Twenty Two PRESENT

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The Hon`ble Mrs.Justice R.THARANI CMP(MD). No.4550 of 2021 in

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AS.No.945 of 1997

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1.R.Susila (Died)

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... 1^st Petitioner/ 1^st Appellant

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2.Ramachandran

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... 2^nd Petitioner/2^nd Appellant

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1 T,V,Shanmugasundaram Pillai

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2 B.Sampath

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3 M/s.Moth and Sons, Through

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its Proprietor Opp. Veeraraghava High

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School South Main Road Thanjavur Town.

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4 The Karur Vysya Bank, Through

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its Branch Manager South Main Road

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Thanjavur Town.

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5 Ravi

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6 Amsavalli

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7 Jayakumar

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8 Ravikumar

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9 Rajagopalan ... Respondents/Respondents

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Prayer :- CMP(MD). No.4550 of 2021

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Civil Miscellaneous Petition filed Under Order 41, Rule 19 of C.P.C. to restore the above appeal in A.S.No.945 of 1997 in respect of the respondents 7 to 9 which has been dismissed for default on 08.04.2013 and pass such further or other orders, as this Hon`ble court may deems fit and proper in the circumstanes of the case and thus render justice.

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Prayer :- As.NO.945/1997

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Appeal suit filed under section 96 of Civil Procedure code appeal against the judgement and decree of the court of the Subordinate Judge, Thanjavur, dated 10/03/1993 made in O.S.No.56 of 1988

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https://hcservices.ecourts.gov.in/hcservices/ ORDER:- This Civil Miscellaneous Petition coming on for orders on

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this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.P.Senthil Advocate for the Petitioner this Court made the following order:

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This petition has been filed to restore the appeal in A.S.No.945 of 1997 in respect of the respondents 7 to 9 which has been dismissed for default on 08.04.2013.

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2.On the side of the petitioners, it is stated that the second appellant is dead and the respondents 8 and 9 are the LRs of the second appellant. The first appellant also dead and nobody has come to proceed with the case on behalf of the first appellant. The respondents 8 and 9 are the LRs of the second appellant and they are to be transposed as appellants. Only after the transpose as appellants, the case can be proceeded with. To transpose the respondents 8 and 9 as appellants, the case against the respondents R7 to R9 to be restored.

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In view of the unique circumstances, the case against the respondents 7 to 9 is restored and this Civil Miscellaneous Petition is allowed.

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// True Copy //

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The Subordinate Judge, Thanjavur

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Copy to:

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The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 25/03/2022 Hearing Date : 18/04/2022

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KB(18.04.2022) 2P 3C

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https://hcservices.ecourts.gov.in/hcservices/

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R.Susila(Died) v. T,v,Shanmugasundaram Pillai

Case brief

What is this about?

What did the court decide?

R.Susila(Died) v. T,v,Shanmugasundaram Pillai

Case brief

What is this about?

What did the court decide?

What the court decided

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