Dismissed

B.Rajendran, v. Saleem

Madras HC12 Dec 2023CRP(MD)/1069/2022

Case brief

AI extract

What is this about?

The Court heard a Civil Revision Petition filed under Article 226 to challenge an order under Order 26 of CPC. The petition was dismissed as infructuous because the underlying suit filed by the petitioner was dismissed for default while a restoration application remained pending.

What did the court decide?

Civil Revision Petition dismissed as infructuous; no costs; connected Miscellaneous Petition closed.

B.Rajendran, Vs Saleem — Civil Procedure and Limitation | Madras HC (2023)

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C.R.P.(MD)No.1069 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.12.2023

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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C.R.P.(MD)No.1069 of 2022 and C.M.P.(MD)No.4320 of 2022

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B.Rajendran : Petitioner/Petitioner/Plaintiff

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Vs.

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Saleem :Respondent/Respondent/Defendant

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Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order, dated 22.03.2022 made in I.A.No.39 of 2021 in O.S.No.707 of 2019 on the file of the learned II Additional Sub Court, Madurai.

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For Petitioner : Mr.K.C.Ramalingam For Respondent : Mr.R.Ramasamy

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ORDER

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The Civil Revision Petition is directed against the order passed in I.A.No.39 of 2021 in O.S.No.707 of 2019, dated 22.03.2022 on the file of

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C.R.P.(MD)No.1069 of 2022

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the learned II Additional Sub Court, Madurai, dismissing the petition filed under Order 26 Rule 9 and 10 of C.P.C.

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When the matter is taken up for hearing today, the learned

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counsel for the petitioner as well as the respondent would submit the suit in O.S.No.707 of 2019 was dismissed for default on 04.12.2023 and as such, nothing survives for further adjudication in this petition.

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The learned counsel for the petitioner would submit that the

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petitioner has filed a petition to restore the suit and the same is pending.

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In view of the submission made by the learned counsel on either side that no suit is pending as of now, the Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

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12.12.2023

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NCC :yes/No Index :yes/No Internet:yes/No das

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C.R.P.(MD)No.1069 of 2022

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1.The II Additional Sub Court, Madurai.

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2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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C.R.P.(MD)No.1069 of 2022

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K.MURALI SHANKAR,J.

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das

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Order made in C.R.P.(MD)No.1069 of 2022 and C.M.P.(MD)No.4320 of 2022

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Dated : 12.12.2023

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B.Rajendran, v. Saleem

Case brief

What is this about?

What did the court decide?

B.Rajendran, v. Saleem

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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