Clerk dismissed a recall petition (CMP) in a second appeal, holding the advocate was listed for two respondents on the hearing date. It further noted a respondent filed a written statement, negating absence.
Petition CMP(MD).No.12260 of 2023 dismissed with no merit found.
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.
CMP(MD).No.12260 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Friday, the Twenty Second day of March Two Thousand and Twenty Four PRESENT
The Hon`ble Mr.Justice S.SOUNTHAR CMP(MD).No.12260 of 2023 in
SA.No.671 of 1999
Vs
9 M.Sundarammal
... Respondents No.2 to 9/ Respondents No.1 to 8
Prayer :-
Civil Miscellaneous Petition filed under Order 41 rule 21 of CPC to recall the order passed in S.A.No.671 of 1999 dated 03.03.2023.
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CMP(MD).No.12260 of 2023
Prayer in S.A.No.671 of 1999 :
Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 19.02.1999 made in A.S.No.60 of 1997 on the file of the Additional District Judge cum Chief Judicial Magistrate, Pudukkottai, reversing the judgment and decree dated 14.07.1994 made in O.S.No.419 of 1990 on the file of the District Munsif's Court, Aranthangi.
ORDER:- This Civil Miscellaneous Petition coming on for orders on this day (through Video Conferencing) and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.A.Arul Jenifer, Advocate for the Petitioner, this Court made the following order:
The Petitioners have filed this petition seeking to recall the order passed in S.A.No.671 of 1999, dated 03.03.2023.
2.The learned counsel appearing for the petitioners submits that second appeal
was heard on 03.03.2023 and on that day his name was not appeared in the cause-list and threfore, he could not appear and argue the case.
the name of the petitioners' Counsel M/s.A.Aruljenifer was printed in the cause-list for respondents 9 and 10. Therefore, the specific allegation made in the affidavit, as if, the name of the counsel was not printed on 03.03.2023 in the cause-list was not
correct.
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CMP(MD).No.12260 of 2023
Sd/-
Assistant Registrar (CS-I)
// True Copy //
/04/2024 Sub Assistant Registrar (CS-I / II / III / IV)
dm
TO
1.The Additional District Judge cum Chief Judicial Magistrate, Pudukkottai.
https://www.mhc.tn.gov.in/judis 2.The District Munsif,Aranthangi.
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CMP(MD).No.12260 of 2023
ORDER DATED : 22/03/2024 ==========================
ORDER
========================== CMP(MD). No.12260 of 2023
in
SA.No.671 of 1999
RD(04/04/2024) 4P / 3C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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2 issues framed by the court
Whether a civil miscellaneous petition to recall an appellate order under Order 41 Rule 21 CPC can be allowed when the advocate's name appears in the cause-list for the relevant respondents despite ab
Whether the petitioner can claim waiver of own stated rule of availability when one of them participated in the second appeal.
1 provisions across 1 enactments
M.Manikandan
M.Prabha
Rajammal
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
