Plaintiff sought restoration of a testamentary suit dismissed for failure to lead evidence as directed. The court, granting one more opportunity, allowed the application and listed the matter before the Additional Master-IV for recording evidence.
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.
A.No.5067 of 2024 in T.O.S No.40 of 2023
A.A.NAKKIRAN, J.
This application has been filed by the applicant/plaintiff to restore the dismissal order dated 16.08.2024 made in T.O.S No.40 of 2023 on the file of this Court.
2. Heard both side.
4.Considering the facts and circumstances of the case and in order to give one more opportunity to the plaintiff, this Court is inclined to allow this application.
23.10.2024
uma
Note: List the matter before the Additional Master-IV for recording evidence on 06.11.2024
1 issue framed by the court
Whether the dismissal of T.O.S No.40 of 2023 dated 16.08.2024 for non-lead of evidence should be restored to give the plaintiff one more opportunity?
Applicant/Plaintiff
1st Respondent/1st Defendant
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
