In CMP(MD). No.14957 of 2024, the Madurai Bench of Madras High Court set aside the order dated 03.10.2024 dismissing a first appeal for non-prosecution in A.S.(MD)No.165 of 2021 and directed the restoration of the appeal on file.
Petition allowed; order dismissing the appeal for non-prosecution set aside; First Appeal restored on 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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Civil Appellate Jurisdiction
Thursday, the Twenty Fourth day of October Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice P.VELMURUGAN
AND
The Hon`ble Mr.Justice K.K. RAMAKRISHNAN
CMP(MD). No.14957 of 2024 in A.S.(MD)No.165 of 2021
... Petitioners/Appellants Vs
1 The East India Corporation Ltd., Through its Managing Director T. Meenakshi Having its Office at D.No.7B K.M.A.Complex, Ramnagar, Byepass Road, Madurai-10.
2 T.Meenatchi,
3 Karumuthu T.Sundaram ... Respondents/Respondents
Prayer :-
Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC To set aside the order dated 03.10.2024 passed by this Honourable Court in A.S.No.165 of 2021, which was dismissed for non prosecution and restore the same on file and thus render justice.
Prayer in A.S.(MD)No.165 of 2021:-
Appeal Suit filed under Section 96 read with order XLI, Rule I of the https://www.mhc.tn.gov.in/judis
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Civil Procedure Code praying to reverse and set aside the Judgment and decree dated 03.09.2020 in O.S.No.42 of 2014 on the file of the Principal District Judge, Dindigul and allow the first appeal.
ORDER:- This 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. J.R. Annie Abinaya, Advocate for the Petitioners and of Mr. A.S. Vaigunth, Advocate for the 1st respondent and Mr. P. Thiyagarajan, Advocate for the 2nd respondent,this Court made the following order:
'The above application has been filed to set aside the order dated 03.10.2024 passed in A.S.(MD)No.165 of 2021, which was ordered to be dismissed for non prosecution and restore the appeal on file.
of the petition, this petition is ordered and the Registry is directed to restore the First Appeal on file.'
Assistant Registrar ( CO )
// True Copy //
/11/2024 Sub Assistant Registrar (CS-1/II/III/IV)
2
TO
The Principal District Judge, Dindigul
Copy to:
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai
ORDER DATED : 24/10/2024
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ORDER
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CMP(MD). No.14957 of 2024 in
A.S.(MD)No.165 of 2021
Giving direction and etc. as stated within.
BV (08/11/2024) 3P/ 3C
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 the order dismissing the appeal for non-prosecution can be set aside to restore the appeal on file.
2 provisions across 1 enactments
S.Mariaraj and others
The East India Corporation Ltd.
T.Meenatchi
Karumuthu T.Sundaram
P. VELMURUGAN
K.K. RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
