The Court allowed a Civil Miscellaneous Petition seeking restoration of a second appeal that had been dismissed for non-prosecution. Relying on a prior order allowing application under Section 5 of the Limitation Act, the Court restored the appeal.
The Civil Miscellaneous Petition is allowed and 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.
BE
BE FORE THE MADURAI BENCH OF MADRAS HIGH COURT
Civil Appellate Jurisdiction
Thursday, the Thirteenth day of June Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice K.MURALI SHANKAR
CMP(MD). No.2876 of 2024 IN SA(MD)NO.406 OF 2020
Neduncheziyan ... Petitioner/Appellant
Vs
1 Durairajan S/o.Subburayan
2 Chithra W/o.Durairajan ... Respondents/Respondents
Prayer in CMP(MD)No.2876 of 2024 :-
This Civil Miscellaneous Petition, to set aside the judgment dated 23-06-2023 made in S.A.(MD).No.406 of 2020 on the file of this Hon`ble Court and restore the same and thus render justice.
Prayer in SA(MD)No.406 of 2020:-
Second Appeal is filed under Section 100 of CPC to set aside the Judgment and decree dated 17.07.2020 passed in A.S.No.50 of 2019 on the file of the Additional Sub Judge, Kumbakonam confirming the Judgment and decree dated 15.11.2018 passed in O.S.No.412 of 2012 on the file of the learned Principal District Munsif, Kumbakonam.
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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 Mr.P.T.Ramesh Raja, Advocate for the Petitioner and of Mrs.N.Krishnaveni, Senior Advocate for Mr.P.Thiyagarajan, for the respondents, this Court made the following order:
The Civil Miscellaneous Petition has been filed seeking orders to restore the S.A(MD)No.406 of 2020, on file, which was dismissed for non prosecution on 23.06.2023.
Sd/-
Assistant Registrar(CO)
// True Copy //
/06/2024 Sub Assistant Registrar (CS – I/ II / III /IV)
DAS TO
1.The Additional Subordinate Judge, Kumbakonam.
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2.The principal District Munsif Kumbakonam.
Copy to:
2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER DATED : 13/06/2024
==========================
RESTORATION
========================== CMP(MD). No.2876 of 2024 Giving direction and etc. as stated within.
MK/25.06.2024 3P 6C
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 to allow the appeal when it was previously restored under Section 5 of the Limitation Act.
2 provisions across 2 enactments
Neduncheziyan
Durairajan S/o.Subburayan
Chithra W/o.Durairajan
K. Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
