C.M.P. allowed to set aside the default dismissal of S.A. No. 569 of 2022. The appeal is restored because the listing in the name of the Senior Counsel did not reflect in the court list, preventing proper notice.
The Miscellaneous Petition is allowed. The Second appeal is restored to file.
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.12527 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CMP(MD). No.12527 of 2023 in
SA(MD).No.569 OF 2022
P. Alaguthevar ...Petitioner/Appellant/Appellant/Plaintiff
Vs
1 A. Saravanavelu ...Respondent/Respondent/Respondent/Defendant
Prayer :-
Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC,to set aside the order dated 31.03.2023 wherein S.A.No.569 of 2022 was dismissed for default and restore the same.
ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. R.Paranjothi, Advocate for the Petitioner, this Court made the following order:
“This Miscellaneous petition is filed to set aside the Judgement of this
Court in SA(MD) No.569 of 2022 on 31.03.2023, wherein, the second appeal was dismissed for default.
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CMP(MD). No.12527 of 2023
2.Learned counsel appearing for the petitioner/appellant submits that the second appeal was listed in the name of Mr.K.Baalasundharam, the learned Senior Counsel. Since he was designated as a Senior Counsel, his name does not reflect in the list and therefore, he could not follow up with the case and hence, the second appeal was dismissed as default.
3.Considering the submissions made by the learned counsel for the appellant and also it is reported that the second appeal was listed in the name of the Senior Counsel, before the conferment of senior counsel, this Miscellaneous Petition is allowed. The Second appeal is restored to file.
4.Registry is directed to list this second appeal on 27.09.2024.”
Sd/Assistant Registrar( C.O )
// True Copy //
/09/2024 Sub Assistant Registrar ( CS-I / II / III / IV )
Copy to:
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai
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CMP(MD). No.12527 of 2023
ORDER DATED : 13.09.2024 ========================== ORDER ========================== CMP(MD). No.12527 of 2023 in SA(MD).No.569 OF 2022
SI - (24.09.2024) 3P/ 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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1 issue framed by the court
Whether a second appeal dismissed for default can be set aside and restored when the counsel was listed as Senior Counsel but his name did not appear in the list.
1 provisions across 1 enactments
P. Alaguthevar
A. Saravanavelu
B. Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
