S.Devan v. K.R.P.Rudran
Case brief
What is this about?
Revision against order dismissing petition to restore application for certified copy. High Court set aside lower court order, allowing restoration under CPC Rule 129(2) and directing issuance of certified copy.
What did the court decide?
Order dated 28.07.2023 set aside; restored Copy Application 11278 of 2023; Registry directed to issue certified copy of judgment and decree.
What the court decided
CRP.No. 3001 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.08.2023
CORAM :
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
CRP.No. 3001 of 2023
S. Devan ... Petitioner
Versus
K.R.P. Rudran ... Respondent
Civil Revision Petition filed under Article 227 of the Constitution of India, prays to set aside the fair and decretal order dated 28.07.2023 passed in I.A.No. 6 of 2023 in C.A.No. 11278 of 2023 in O.S.No. 1279 of 2022 on the file of the VIII Assistant City Civil Court, Chennai.
For petitioner : Mr. Y. Kajanavas ----
ORDER
Issues for consideration
3 issues framed by the court
Whether the High Court can condone the delay in affixing stamp duty on an application for certified copy of a judgment and decree on grounds of inadvertence attributable to junior counsel.
Whether the trial court erred in dismissing a restoration petition without considering Rule 129(2) of the Code of Civil Procedure.
Whether the High Court should set aside the lower court's order dismissing the application to restore a struck-off copy application.
Parties & counsel
- petitioner
S. Devan
- respondent
K.R.P. Rudran
Coram
V. Bhavani Subbaroyan
Case details
As recorded by the court registry
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