This order restores a second appeal filed under Section 100 of the Code of Civil Procedure against judgments in the original suit and first appeal. The High Court Bench accepted the reasons in the affidavit and directed the registry to amend grounds of appeal.
Second Appeal was restored. Registry directed to amend grounds of Second Appeal.
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.9264 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction)
Thursday, the Twenty Second day of December Two Thousand Twenty Two
PRESENT
The Hon`ble Mr.Justice S.SOUNTHAR
CMP(MD) No.9264 of 2022 in SA. No.263 of 1998
AROKIYAM S/O ROYAPPAN ... Appellant / Respondent / Plaintiff
.Vs.
1 ELIAS (Died)
2 DEVADOSS
S/O MARIA AROKIAM
3 MASILAMANI (Died) ... 1st to 3rd Respondent/ Appellants / Defendants 4 Arokiyadoss @ Mokkan 5 Saveriyaar 6 Hema ... 4th to 6th Respondents
(Respondents 4th to 6th as LRs of the deceased 1st Respondent vide order dt.16.11.2022)
7 Mangayakarasi
8 Rani
9 Raja 10 Devi
11 Ravi ... 7th to 11th Respondents
(7th to 11th Respondents brought as LRs of the deceased 3rd Respondent vide order dated 16.11.2022)
Prayer in CMP(MD) No.9264 of 2022
This Miscellaneous petition is field under Order XLI Rule 19 of Code of Civil Procedure to set aside the order of dismissal for default dated 03.04.2008 passed in S.A. No.263 of 1998.
Prayer in Second Appeal :-
Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 17.07.1997 made in A.S. No.64 of 1997 https://www.mhc.tn.gov.in/judis on the file of the Subordinate Court, Thanjavur and to confirm the
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CMP(MD) No.9264 of 2022
Judgment and Decree dated 25.09.1996 made in O.S. No.20 of 1996 on the file of the District Munsif, Thiruvaiyaru.
This Miscellaneous Petition coming for hearing on this day, upon perusing the petition and affidavit and material papers of this petition and upon hearing the arguments of Mr.T.Padmanabhan, Advocate for the petitioner and respondent not appeared either in person or by an Advocate, this court made the following order,
“Though the respondents served and their names appear in the list, there is no representation for the respondents.
Having satisfied with the reasons assigned in the affidavit filed in support of this petition, the same is ordered and the second Appeal is restored.
The Registry is directed to carry out amendment in grounds of the Second Appeal”.
Assistant Registrar (CS I)
// True Copy //
/02/2023 Sub Assistant Registrar(CS)
To
Copy to:
The Section Officer, Judicial Department, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 22/12/2022
========================== O R D E R ==========================
CMP(MD) No.9264 of 2022 in
SA. No.263 of 1998
ED(07.02.2023) 2P 4C
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1 issue framed by the court
Whether a second appeal filed against the decree in the original suit should be restored after default dismissal.
2 provisions across 1 enactments
AROKIYAM S/O ROYAPPAN
ELIAS
DEVADOSS
MASILAMANI
AROKIYADOSS
SAVERIYAAR
S. SOUNTHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
