The Madurai Bench allowed a Civil Miscellaneous Petition filed Order 9 Rule 9 CPC and Section 151 CPC to set aside a previous order and restore the impugned Civil Revision Petition on merits. The petition was listed for further proceedings.
Civil Miscellaneous Petition allowed; Civil Revision Petition restored and listed on 22.08.2023.
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, MADURAI
(Civil Appellate Jurisdiction)
Tuesday, the Ninth day of August Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice C. KUMARAPPAN CMP(MD).No.8304 of 2023
in
CRP(MD). No1950 of 2019
Prayer in CMP(MD).No8304 of 2023 :-
Civil Miscellaneous petition filed under order 9 Rule 9 under section 151of C.P.C to set aside the order dated 14.02.2020 passed by this Hon,ble Court in CRP (MD)1950 OF 2019, and to restore the same and dispose the Revision Petition on merits.
Prayer in CRP(MD). No.1950of 2019 :-
This Civil Revision Petition filed under section 227 of constitution of India to reverse the order dated 10.01.2019 made on the application I.A. NO. 36 of 2017 in I.T.C.M.A No. 1 of 2007 on the file of the court of the Learned Principal Subordinate Judge,Pudukkotai, to dismiss the said application.
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. D. Gurusamy, Advocate for the Petitioners, Mr. Paranjothi for Mr.K.Balasundaram , Advocate for the first Respondent this Court made the following order:
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There is no serious objection raised by the respondents for restoring the Civil
Revision Petition.
2.Having considered the submission made by the learned counsel for the petitioners and also being satisfied with the averments in the affidavit, this Civil Miscellaneous Petition is allowed.
Registry is directed to restore the Civil Revision Petition on file and list the matter on 22.08.2023
Sd/-
Assistant Registrar()
// True Copy //
/08/2023 Sub Assistant Registrar(CS)
To
The Principal Subordinate Judge Pudukkottai
Copy to:
The Section Officer,
Judicial Section, Madurai Bench of Madras High Court, Madurai
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ORDER DATED : 09//08/2023 ========================
RESTORATION ORDER
============================
CMP(MD).No8304 of 2023
in CRP(MD)1950 OF2019 Giving direction and etc. as stated within.
KB(18.08.2023) 3P 3C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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1 issue framed by the court
Whether the Civil Miscellaneous Petition under Order 9 Rule 9 CPC coupled with inherent powers of Section 151 CPC should be allowed to set aside the previous order and restore the main Revision Petiti
2 provisions across 2 enactments
Dhanapathi
Govindasamy
Umapathi
Chinnappa Narankiyar
State Represented by The District Collector Pudukkottai
C. KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
