Civil Revision Petition against a trial court's dismissal of an Order 26 Rule 9 CPC application in a pending suit. The petitioner failed to appear on three successive hearing dates, and the High Court dismissed the petition for default and closed the connected miscellaneous petition, without costs.
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CRP(MD).No.1985 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.02.2024
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
C.R.P(MD).No.1985 of 2019 and C.M.P.(MD)No.10230 of 2019
Sudha @ Angeline Selvasudha : Petitioner/Petitioner/Plaintiff
Vs.
L.Subbiah : Respondent/ Respondent/Defendant
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.3 of 2019 in O.S.No.274 of 2016, dated 08.08.2019 on the file of the Additional District Munsif Court, Tenkasi.
For Petitioner : No Appearance For Respondent : Mr.S.S.Thesigan
O R D E R
The Civil Revision Petition is directed against the order passed in I.A.No.3 of 2019 in O.S.No.274 of 2016, dated 08.08.2019 on the file of the
CRP(MD).No.1985 of 2019
Additional District Munsif Court, Tenkasi, dismissing the petition filed under Order 26 Rule 9 of the Code of Civil Procedure.
no representation for the petitioner and hence, the matter was adjourned to 08.02.2024. On 08.02.2024, there was no representation for the petitioner and hence, the matter was adjourned to 22.02.2024 under the caption for dismissal. Even today, (i.e.,22.02.2024), there is no representation for the petitioner.
default. Consequently, connected Miscellaneous Petition is closed. No costs.
22.02.2024
das
To
CRP(MD).No.1985 of 2019
K.MURALI SHANKAR, J.
DAS
C.R.P(MD).No.1985 of 2019 and C.M.P.(MD)No.10230 of 2019
22.02.2024
1 issue framed by the court
Should the Civil Revision Petition challenging dismissal of an Order 26 Rule 9 CPC application be dismissed for default due to petitioner's non-representation?
2 provisions across 2 enactments
Sudha @ Angeline Selvasudha
L.Subbiah
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
