A contingent motion petition to condone a 3562-day delay in restoring a second appeal. The petitioner did not appear or present representation; the respondent had conceded death. The court dismissed the petition for default.
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CMP(MD). No.5966 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Civil Appellate Jurisdiction
Friday, the Twenty First day of January Two Thousand and Twenty Two
PRESENT
The Hon`ble Mr.Justice R. VIJAYAKUMAR
CMP(MD). No.5966 of 2021 IN SA.No.1248 of 2002
Pandivel ... Petitioner/3rd party
Khaja Mohaideen ... Respondent/Decree holder
Prayer in CMP(MD). No.5966 of 2021:-
Petition filed under Section 5 of Limitation Act, CONDONE the delay of 3562 days in filing the application for restoration of the S.A. No.1248 of 2002 on the file of this Honourable Court and thus render justice.
Prayer in SA.No.1248 of 2002:-
Second Appeal filed under Section 100 of CPC ,against the Judgement and Decree dated 17th October, 2001 and made in A.S.No.66/2000 on the file of the Principal District Court, Pudukkottai setting aside the Judgement and Decree dated 14.9.1999 and made in E.A.No.3 of 1997 in E.P.No.138 of 1994 in O.s.No.21 of 1994 on the file of the sub-court, Pudukkottai
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and none appeared either in person or by an Advocate,for the Petitioner this Court made the following order:
The present application has been filed to condone the delay of 3562 days in filing the application for restoration of the S.A.(MD)No.1248 of 2002, that was dismissed for default on 27.06.2011. The C.M.P(MD)No.5966 of 2021 was listed on 17.12.2021.
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CMP(MD). No.5966 of 2021
Thereafter on 19.01.2022, there was no representation on the side of the petitioner. Hence, the Civil Miscellaneous Petition is listed “For Dismissal” today. Even today, there is no representation on the side of the petitioner. Hence, C.M.P(MD)No.5966 of 2021 stands dismissed for default.
Sd/Assistant Registrar (CS-II)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
TO
ORDER DATED : 21/01/2022 ========================== ORDER ========================== CMP(MD). No.5966 of 2021 IN SA.No.1248 of 2002
Giving direction and etc. as stated within. RD(08.02.2022) 2P 3C
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1 issue framed by the court
whether to condone a delay of 3562 days in filing an application for restoration of a second appeal that was dismissed for default.
1 provisions across 1 enactments
Pandivel
Khaja Mohaideen
R. VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
