Petition under Order 41 Rule 19 CPC sought restoration of a second appeal dismissed for default in 2019. The court allowed the petition and directed the Registry to restore the second appeal 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.5348 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Wednesday, the Fourth day of December Two Thousand and Twenty Four
PRESENT
The HONOURABLE MR. JUSTICE V.SIVAGNANAM
CMP(MD). No.5348 of 2024 IN
S.A.No.854 of 2000
Vs
R1, LR of the deceased R2 already
on record, is recorded) ... Respondents/Respondents
Prayer in CMP(MD). No.5348 of 2024:-
This Civil Miscellaneous Petition filed Under Order 41 Rule 19 of Civil Procedure Code praying to restore the Second Appeal in S.A. No. 854 of 2000 which was dismissed for default on 29.03.2019, the Second Appeal on file and decide the matter on merits.
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CMP(MD). No.5348 of 2024
Prayer in SA No.854 of 2000:-
Second Appeal filed Under Section 100 of the Code of Civil Procedure Code, against the decree and judgment made in A.S.No.224 of 1995, dated 28.10.1997 on the learned Additional Sub Court, Srivilliputhur, reversing the decree and judgment made in O.S.No.386 of 1992, dated 22.08.1995, on the file of the learned District Munsif Court, Sattur.
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 Mr.An.Ramanathan for Mr.K.Muthuganesa Pandian, Advocate for the Petitioners and of Ms.S.Mahalakshmi, Advocate for the first respondent, this Court made the following order:
"This petition is allowed.
2.Registry is directed to restore the Second Appeal on file". Sd/-
Assistant Registrar(CS-I )
// True Copy //
TO
1.The Additional Subordinate Judge, Srivilliputhur,
2.The District Munsif, Sattur
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CMP(MD). No.5348 of 2024
Copy to:
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai
ORDER DATED : 04/12/2024 ========================== ORDER
========================== CMP(MD). No.5348 of 2024 IN S.A.No.854 of 2000
SI - (26.12.2024) 3P/ 4C 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 on 29.03.2019 should be restored to the file.
2 provisions across 2 enactments
Sivakami
Murugan
Raghupathy
S. Govindammal
V.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
