Appeal against a motor accident compensation order. Civil Miscellaneous Petition for condonation of delay (Limitation Act) filed herein. No representation appeared for the petitioner on the hearing date. Permission for dismissal remained on file.
Civil Miscellaneous Petition dismissed for default; Civil Miscellaneous Appeal rejected at SR 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.9322 of 2019 in C.M.A(MD)No.SR70327 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.06.2024
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
C.M.P(MD)No.9322 of 2019 in C.M.A(MD)No.SR70327 of 2019
... Petitioner / Appellant
Ganesan ... Petitioner / Appellant Vs 1.S.Krishnamoorthy 2.M.Suresh ... Respondents
Prayer in C.M.P(MD)No.9322 of 2019 : Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 310 days in filing the C.M.A.SR(MD)No.70327 of 2019.
Prayer in C.M.A.(MD)No.SR70327 of 2019 : Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to set aside or modify the order of the Tribunal in M.C.O.P.No.180 of 2013 dated 17.07.2018 on the file of the Motor Accident Claims Tribunal cum Sub Judge, Pattukottai, Thanjavur District and allow the appeal with costs.
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C.M.P(MD)No.9322 of 2019 in C.M.A(MD)No.SR70327 of 2019
For Petitioners : No appearance For R1 : Mr.S.Deenadhayalan
ORDER
When the matter came up for hearing on 10.06.2024, there was no representation for the petitioner and therefore, it was adjourned to 10.06.2024, under the caption 'for dismissal. Even today(10.06.2024), when the matter was taken up for hearing, none appeared on behalf of the petitioner. Therefore, no purpose is going to be served in keeping this petition pending.
default and the Civil Miscellaneous Appeal is rejected at the SR stage itself.
10.06.2024
NCC :Yes/No Index :Yes/No Internet : Yes/ No
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C.M.P(MD)No.9322 of 2019 in C.M.A(MD)No.SR70327 of 2019
G.ILANGOVAN, J.
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To
ORDER IN C.M.P(MD)No.9322 of 2019 in C.M.A(MD)No.SR70327 of 2019
10.06.2024
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2 issues framed by the court
Whether a civil miscellaneous petition for condonation of delay should be dismissed on default of appearance.
Whether a civil miscellaneous appeal can be rejected at the subordinate registry (SR) stage.
2 provisions across 2 enactments
Ganesan
S. Krishnamoorthy
M. Suresh
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
