A revisionary civil miscellaneous petition was filed to restore a previous petition seeking condonation of delay. The court found sufficient grounds in the sworn affidavit and restored the pending appeal.
The Civil Miscellaneous Petition was allowed and the impugned civil miscellaneous petition restored for hearing post three weeks.
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
Wednesday, the Sixteenth day of February Two Thousand and Twenty Two
PRESENT
The Hon`ble Mr.Justice RMT.TEEKAA RAMAN
CMP(MD). No.1217 of 2022 in CMA(MD)SR.No20824 of 2013
B.Joseph Clarance Peeris
... Petitioner/petitioner/Appellant
J.Mary Immagulate Roderigo
... Respondent/Respondent/Respondent
Prayer in CMP(MD). No.1217 of 2022 :-
Civil Miscellaneous Petition filed Under Order 41 rule 19 of the Civil Procedure code. Praying the Court to RESTORE the order date 24.10.2016 in CMP(MD).No.2107 of 2016 in CMA(MD).SR.No.20824 of 2013 on the file of this Honourable High Court and thus render justice.
Prayer in CMP(MD). No.2107 of 2016 :-
Civil Miscellaneous petition filed Under IV rule 9(4) of AS Rules. Praying this court to CONDONE THE DELAY of 981 days in representing the above Civil Miscellaneous Petition in CMA(MD) SR.NO.20824 of 2013.
Prayer in CMA(MD)SR.No20824 of 2013:-
Civil Miscellaneous Appeal filed Under section 55 of the Indian Divorce Act. Praying this court to set aside the judgement and Decree passed by the Principal District Judge, Tuticorin in I.D.O.P.No.12 of 1999 dated 08/11/2011 by allowing this Civil Miscellaneous Appeal and pass such further or other orders as this Hon'ble Court may deem fit and proper in the above circumstances and thus render justice.
ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and the earler order of this court, upon hearing the arguments of MR. ANANTH C.RAJESH Advocate for the Petitioner and this Court made the following order:
This Civil Miscellaneous Petition is filed to restore CMP(MD) No.2107 of 2016 in CMA(MD)SR.No.20824 of 2013, which was filed to https://hcservices.ecourts.gov.in/hcservices/ condone the delay of 981 days in representation.
2.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Civil Miscellaneous Petition is allowed.
3.Post CMP(MD) No.2107 of 2016 in CMA(MD)SR.No.20824 of 2013, after three weeks.
Sd/-
Assistant Registrar (CS I)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
To
1.The Principal District Judge, Tuticorin
Copy to:
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai
ORDER DATED : 16/02/2022 ========================== ORDER
==========================
CMP(MD). No.1217 of 2022 in CMA(MD)SR.No20824 of 2013
Giving direction and etc. as stated within.
MGJ(05.04.2022) 2P 3C
2 issues framed by the court
Whether to restore the Civil Miscellaneous Petition filed to condone delay in representation.
Whether sufficient reasons in the affidavit justify condoning the delay.
3 provisions across 3 enactments
B.Joseph Clarance Peeris
J.Mary Immagulate Roderigo
RMT.TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
