Dismissed

Latha Lingam, v. Madasamy,S/O.Palavesakannu

Madras HC19 Jul 2023CRP(MD)/2106/2018

Case brief

AI extract

What is this about?

Civil Revision Petition filed against a dismissal order in an application for restoration of a suit dismissed for default. The High Court held that since the underlying suit was dismissed for default and no restoration application existed, nothing survived for adjudication, and the petition was dismissed.

What did the court decide?

Petition dismissed; liberty granted to file restoration application; CMP closed.

Latha Lingam, Vs Madasamy,S/O.Palavesakannu — Civil Procedure and Limitation | Madras HC (2023)

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C.R.P.(MD)No.2106 of 2018

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 19.07.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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C.R.P.(MD)No.2106 of 2018 and CMP(MD)No.9292 of 2018

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1.Latha Lingam

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2.Adhul L.Nirmal ... Petitioners

Vs.

1.Madasamy

2.Jeyasingh

3.Narayanan

4.Muthulakshmi

5.Thirupparkadal

6.Alwar ... Respondents

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Prayer : Civil Revision Petition filed under Article227 of Constitution of India, to set aside the order passed in I.A.No.267 of 2018 in O.S.No.62 of 2013 dated 04.07.2018 on the file of the Sub-Court, Valliyoor.

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C.R.P.(MD)No.2106 of 2018

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For Petitioners : Mr.H.Arumugam

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For Respondents : Mr.S.Abuthahir for R1, R3, R4 & R5 : No appearance for R2 & R6

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ORDER

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This Civil Revision Petition has been filed against the dismissal order passed in I.A.No.267 of 2018 in O.S.No.62 of 2013 dated 04.07.2018 on the file of the Sub Court, Valliyoor.

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Today, when the matter is taken up for hearing, the learned counsel for the petitioners would submit that the suit in O.S.No.62 of 2013 was dismissed for default on 11.10.2022, and an application for restoration of the suit is pending before the trial Court.

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Since the suit itself was dismissed for default before the trial Court, nothing survives for adjudication in this matter. By taking note of the above submission, the present Civil Revision Petition stands dismissed. However, as requested by the learned counsel for the petitioner, liberty is granted to the petitioner to file an application for restoration of this Civil

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C.R.P.(MD)No.2106 of 2018

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Revision Petition, in the event of suit in O.S.No.62 of 2012 is restored before the trial Court. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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19.07.2023

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NCC : Yes/No Index :Yes/No

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sbn

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1.The Sub Court, Valliyoor.

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

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C.R.P.(MD)No.2106 of 2018

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C.KUMARAPPAN, J.

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sbn

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C.R.P.(MD)No.2106 of 2018 and CMP(MD)No.9292 of 2018

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19.07.2023

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4/4 https://www.mhc.tn.gov.in/judis

Latha Lingam, v. Madasamy,S/O.Palavesakannu

Case brief

What is this about?

What did the court decide?

Latha Lingam, v. Madasamy,S/O.Palavesakannu

Case brief

What is this about?

What did the court decide?

What the court decided

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