The Madras High Court dismissed a civil miscellaneous petition filed to condone a delay in filing a first appeal because a conditional compliance order was not fulfilled, thereby rejecting the appeal at the source requirement stage.
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.
C.M.P.(MD) No.4520 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.07.2024
CORAM
JUSTICE N. SESHASAYEE
and
JUSTICE P.VADAMALAI
C.M.P.(MD) No.4520 of 2024 in A.S.(MD) SR No.56274 of 2023
M.Janet Amala Arul Jothi
... Petitioner/Appellant
Vs.
Samuel Raj
... Respondent/Respondent
Prayer in C.M.P.(MD) No.4520 of 2024: Civil Miscellaneous Petition filed under Section 5 of the Limitation Act to condone the delay of 578 days in filing the above First Appeal against the impugned judgment and decree dated 07.04.2022 passed in O.S.No.2 of 2018 on the file of the II Additional District Court, Thoothukudi.
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C.M.P.(MD) No.4520 of 2024
Prayer in A.S.(MD) SR No.56274 of 2023: Appeal Suit filed under Section 96 of the Civil Procedure Code, to call for the records pertaining to the impugned judgment and decree dated 07.04.2022 passed in O.S.No.2 of 2018 on the file of the II Additional District Court, Thoothukudi.
For Petitioner : Mr.J.David Ganesan For Respondent : Mr.V.Sasikumar
ORDER
(Order of the Court was made by N.Seshasayee, J.)
The conditional order dated 11.06.2024 passed by this Court is not complied with. Therefore, this Civil Miscellaneous Petition is dismissed. Consequently, the Appeal Suit is rejected at the SR stage itself. No costs.
(N.S.S., J.) (P.V.M., J.) 16.07.2024
NCC : Yes/No Index : Yes/No Internet : Yes
ABR
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C.M.P.(MD) No.4520 of 2024
To
The II Additional District Court, Thoothukudi.
Page 3 of 4
C.M.P.(MD) No.4520 of 2024
N. SESHASAYEE, J. and P.VADAMALAI, J.
ABR
C.M.P.(MD) No.4520 of 2024 in A.S.(MD) SR No.56274 of 2023
16.07.2024
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1 provisions across 1 enactments
M. Janet Amala Arul Jothi
Samuel Raj
N. SESHASAYEE
P. VADAMALAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
