The Madurai Bench allowed a civil miscellaneous petition filed under Order 9 Rule 9 of the CPC. The Court restored the dismissed civil revision petition to the file in the absence of serious objection, considering the affidavit filed in support.
The Civil Miscellaneous Petition is allowed and the Civil Revision Petition is ordered to be 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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Civil Appellate Jurisdiction
Monday, the Twenty Fourth day of July Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice C. KUMARAPPAN
CMP(MD). No.7976 of 2021 IN CRP(MD). No.1406 of 2019
R.Murugan ... Petitioner/ Petitioner Vs S.Pathirakaliappan ... Respondent/Respondent
Prayer :-
This Civil Miscellaneous Petition filed under order 9 Rule 9 of civil procerure code to set aside the order of dismissal of the above C.R.P.(MD).No.1406 of 2019 which was dismissed for non prosecution on 14-06-2021 and restore the same and hear the matter on merits 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 upon hearing the arguments of Ms. M.C. Swamy, Advocate for the Petitioner and of Mr.Mp.Senthil, Advocate for the respondent(s), this Court made the following order:
Both side Counsel are present.
Sd/-
Assistant Registrar(CS III)
// True Copy //
/08/2023 Sub Assistant Registrar(CS)
To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Hon`ble Mr.Justice C. KUMARAPPAN
ORDER DATED : 24/07/2023 ========================== ORDER ========================== CMP(MD). No.7976 of 2021
SI(09.08.2023) 4P/ 3C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
1 issue framed by the court
Whether to allow a civil miscellaneous petition filed under Order 9 Rule 9 of the CPC to set aside a dismissal order for non-prosecution and restore the civil revision petition.
1 provisions across 1 enactments
R.Murugan
S.Pathirakaliappan
C. KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
