The Court allowed a Civil Miscellaneous Petition filed to set aside an order dismissing an appeal for default. Satisfied with the accompanying affidavit, the Court restored the Civil Miscellaneous Appeal and directed the registry to proceed accordingly.
The Civil Miscellaneous Petition is allowed and the Civil Miscellaneous Appeal is restored to file.
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.15760 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Friday, the Twenty Fourth day of November Two Thousand and Twenty Three
PRESENT
The Hon`ble Mrs.Justice L. VICTORIA GOWRI
CMP(MD). No.15760 of 2023 in CMA(MD)No.489 of 2017
Sivagangai District. ... Respondents/Respondents
Prayer :-
Civil Miscellaneous Petition Under Order XLI Rule 19 of CPC to set aside the order of dismiss for default dated 23.12.2021 made in CMA(MD). No.489 of 2017 and restore the same, which was dismissed for default, on the file of this Honourable Court and thus render justice.
Prayer in CMA(MD).489/2017:-
Civil Miscellaneous Appeal filed Under Section 173 of Motor Vehicles Act 1988,to call for the records from the Motor Accident Claims Tribunal,Sivagangai (District Court,Sivagangai)dated 31.08.2016 made in M.C.O.P.No.136 of 2012 and enhance the award compensation amount by allowing this Civil Miscellaneous https://www.mhc.tn.gov.in/judis Appeal.
1/3
CMP(MD). No.15760 of 2023
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 M/s. P.Selvakamatchi, Advocate for the Petitioners and of M/s.I.Suthakaran For the 2nd respondent, this Court made the following order:
This petition is filed to set aside the order of dismiss for default dated 23.12.2021 made in C.M.A.(MD)No.489 of 2017.
petition is allowed. Registry is directed to restore the Civil Miscellaneous Appeal.
Sd/-
Assistant Registrar(CS-I)
// True Copy //
/12/2023 Sub Assistant Registrar(CS)
TO
2/3
CMP(MD). No.15760 of 2023
ORDER DATED : 24/11/2023 HEARING DATE : 08/12/2023 ==========================
RESTORED
========================== CMP(MD). No.15760 of 2023
in
CMA(MD)No.489 of 2017 Giving direction and etc. as stated within.
KB(07.12.2023) 3P 5C
https://www.mhc.tn.gov.in/judis Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
3/3
2 issues framed by the court
Whether the Civil Miscellaneous Petition to set aside an order of dismissal for default should be allowed based on the stated affidavit.
Whether the dismissed Civil Miscellaneous Appeal should be restored to file for hearing.
1 provisions across 1 enactments
B.Josephin Amali
J.Jeyasipriya
Minor J.Jeyasiyola
M.Karuppaiah
The Branch Manager, The United India Insurance Company Limited
L. VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
