Civil Miscellaneous Petition filed to set aside an order dismissing a second appeal for default under Order 41 Rule 19 CPC. Court allowed the petition due to appellant's ill health preventing attendance, restored the second appeal, and directed listing for subsequent hearing.
Miscellaneous petition allowed; second appeal restored to file; case listed.
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.7867 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Friday, the Thirteenth day of September Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CMP(MD). No.7867 of 2023 in SA(MD). 548 of 2022
1 Vijayan
2 Nagarajan ... Petitioners/Appellants
Vs
1 Sivagnanam
2 Manivannan
4 Balasubramanian
5 Jeevanantham
6 Mallika
7 Arulselvam
8 Rethinam
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CMP(MD). No.7867 of 2023
9 Chinnathamarai
10 Sivakolunthu
11 D.Rajam
12 R.Pushpam
13 Vijayakumari
14 Jeyakodi
15 Vasanthakumari
16 A.Rani ... Respondents/Respondents
Prayer :-
Civil Miscellaneous Petition filed under order 41 rule 19 C.P.C,To set aside the order and restore the S.A(MD) No.548 of 2022 which was dismissed for default on 12.04.2023.
ORDER:- This Civil Miscellaneous Petition coming on this day and the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru./Ms. N.Balakrishnan, 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.548 of 2022 on 12.04.2023 wherein, the second appeal was dismissed for default.
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CMP(MD). No.7867 of 2023
2.The learned Senior Counsel appearing for the petitioner/appellant submits that due to his ill health, he could not attend the Court, when the second appeal was listed for hearing. Therefore, the second appeal was dismissed for default.
3.Considering the submissions made by the learned 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( CS-III)
// True Copy //
/09/2024 Sub Assistant Registrar ( CS-I / II / III / IV )
TO
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CMP(MD). No.7867 of 2023
ORDER DATED : 13/09/2024 ========================== ORDER ========================== CMP(MD). No.7867 of 2023 in SA(MD). 548 of 2022
SI - (24.09.2024) 4P/ 4C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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2 issues framed by the court
Whether to restore a second appeal dismissed for default.
Whether to set aside the order dismissing the second appeal for default.
1 provisions across 1 enactments
1 Vijayan and 2 Nagarajan
1 Sivagnanam and 2 Manivannan and 3 Kumarasamy and 4 Balasubramanian and 5 Jeevanantham and 6 Mallika and 7 Arulselvam and 8 Rethinam and 9 Chinnathamarai and 1
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
