Tamilarasi v. Devaraj
Case brief
What is this about?
In this second appeal under Section 100 of C.P.C., the appellant sought permission to withdraw the appeal with liberty to file a fresh suit for the same cause of action. The respondents had no objection. The High Court allowed the withdrawal and dismissed the appeal.
What did the court decide?
Second Appeal dismissed as withdrawn with liberty to file a fresh suit for the same cause of action.
What the court decided
S.A.No.381 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
S.A.No.381 of 2021
and
C.M.P.No.7223 of 2021
Tamilarasi ... Appellant
Vs.
- Devaraj 2. Rajendran 3. Thaiyalnayaki ... Respondents
PRAYER: Second Appeal filed under Section 100 of C.P.C. to set aside the judgment and decree dated 15.07.2020 in A.S.No.30 of 2015 passed by the learned First Additional Sub Court, Cuddalore, reversing the judgment and decree dated 29.06.2015 in O.S.No.638 of 2007 passed by the learned Additional District Munsif, Cuddalore.
Issues for consideration
1 issue framed by the court
Whether the appellant's Second Appeal filed under Section 100 of C.P.C. can be withdrawn with liberty to file a fresh suit for the same cause of action.
Parties & counsel
- appellant
Tamilarasi
- respondent
Devaraj
- respondent
Rajendran
- respondent
Thaiyalnayaki
Coram
Case details
As recorded by the court registry
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