The Madurai Bench recorded a default judgment in a Second Appeal. The respondent failed to appear. The High Court allowed the appeal, set aside the Sub Court's decree, and restored the original decree of the District Munsif Court without costs.
Judgment and decree of Sub Court set aside; decree of District Munsif Court restored; no costs.
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.
SA(MD). No.678 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction )
Thursday, the Twenty Fourth day of February Two Thousand Twenty Two PRESENT
The Hon`ble Mr.Justice R. VIJAYAKUMAR
SA(MD). No.678 of 2021
Vs T.Subbuthai ... Respondent/Appellant/ Defendant
Prayer:- Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree of the Sub Court, Tiruchendur, dated 26.02.2021 made in Appeal Suit No.236 of 2017, reversing the Judgment and Decree of the court of the District Munsif, Srivaikundam made in Original Suit No. 87 of 2012 dated 23.01.2015. DECREE:- This Second Appeal coming on for hearing on Friday, the Eighteenth day of February, Two Thousand and Twenty Two, upon perusing the Grounds of Appeal, the Judgments and Decrees of the Lower Appellate Court and the Court of First Instance and the material papers in the Suit and upon hearing the arguments of MR.V.MEENAKSHI SUNDARAM FOR MR.S.VASHIK ALI, Advocate for the Appellant and Respondent not appeared either in person or by an advocate having stood over for consideration, While allow this Second appeal this Court doth order and decree as follows:-
(1) That the Judgment and Decree of the 1st Appellate Court Viz. the Sub Court, Tiruchendur, dated 26.02.2021 made in Appeal Suit No.236 of 2017 be and hereby are set aside and this appeal is allowed;
(2) that, the Judgment and Decree of the court of the District Munsif, Srivaikundam made in Original Suit No. 87 of 2012 dated 23.01.2015 be and hereby are restored and
(3) That, there be no costs in this Second Appeal.
Assistant Registrar (C.S.II)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
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SA(MD). No.678 of 2021
To
2.The District Munsif Court, Srivaikundam.
3.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 Copies)
+1 cc to Mr.S.VASHIK ALI, Advocate, SR.No.8514 dt.24/02/2022
+1 cc to Mr.D.NALLATHAMBI, Advocate, SR.No.8805 dt.25/02/2022
ORDER DATED : 24/02/2022
========================== DECREE ==========================
SA(MD). No.678 of 2021
Nature of Decree:- Allowing the Second Appeal preferred against the Judgment and Decree of the Sub Court, Tiruchendur, dated 26.02.2021 made in Appeal Suit No.236 of 2017, reversing the Judgment and Decree of the court of the District Munsif Court, Srivaikundam made in Original Suit No. 87 of 2012 dated 23.01.2015 and etc., as stated within.
SA(15.03.2022) 2P 7C
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2 issues framed by the court
Whether the Second Appeal filed under Section 100 of C.P.C. should be allowed.
Whether the judgment and decree of the first instance should be restored.
1 provisions across 1 enactments
S.VASHIK ALI
T.Subbuthai
R. VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
