The Madurai Bench allowed a petition under Order 41 Rule 19 CPC to set aside an order dismissing an appeal for default, directing the registry to restore the First Appeal.
The petition is allowed and the registry is directed to restore the First 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.10246 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Tuesday, the Seventeenth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice L. VICTORIA GOWRI
CMP(MD). No.10246 of 2022 in
AS(MD)No.254 of 2009
A.Nachal ... Petitioner/Appellant
Vs
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CMP(MD). No.10246 of 2022
Prayer in CMP(MD). No.10246 of 2022
Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC To set aside
the order dated 10-08-2022 and restore the appeal in A.S(MD).No.254 of 2009, which was dismissed for default on 10-08-2022.
Prayer in AS(MD) No.254 of 2009
Appeal Suit is filed under section 96 of CPC against the judgment and decree dated 09.04.2009 passed in O.S. No.172 of 2004 on the file of the Principal District Judge, Pudukottai.
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.H.Arumugam Advocate for the Petitioner and of Mr.V.R.Shanmuganathan Advocate for the 3rd to 7th and 9th Respondents, this Court made the following order:
This petition is filed to set aside the order dated 10.08.2022 passed by this Court
in A.S.(MD)No.254 of 2009.
2/4
CMP(MD). No.10246 of 2022
Sd/-
Assistant Registrar(CS- I)
// True Copy //
/11/2023 Sub Assistant Registrar(CS)
SRR
To The Principal District Judge, Pudukottai.
2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 Copies)
3/4
CMP(MD). No.10246 of 2022
ORDER DATED : 17/10/2023 NEXT DATED : 21/11/2023
========================== Restore ==========================
CMP(MD). No.10246 of 2022 in AS(MD) No.254 of 2009
SI(01.11.2023) 4P/5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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2 issues framed by the court
Whether the order setting aside the appeal for default should be restored.
Whether the delay in filing the civil miscellaneous petition should be condoned.
2 provisions across 1 enactments
A.Nachal
N.K.L.Kulanthaivelan
K.L.Parthasarathy
L.Meenal
S.Uma
Padma
L. VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
