The High Court of Madras, considering the petitioner affidavit citing the illness of the former counsel, was satisfied to condone the delay under Order 41 Rule 19 CPC. The Court accordingly granted restoration of the Second Appeal to the file.
The Second Appeal is restored to the file of the Court.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2025
CORAM :
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
CMP.No.21937 of 2022 in S.A.No.631 of 2004
Raniammal
.. Petitioner
vs
5.Meerabai 6.R.Ramani 7.R.Srinivasan 8.Kalavathy 9.Chandrammal (died) 10.Shantha .. Respondents
Prayer : Petition filed under Order 41 Rule 19 CPC to set aside the order passed dated 24.1.2019 in S.A.No.631 of 2004 thereby dismissing the Second Appeal 631/2004 for default and restore the said Second Appeal to the file of this Court.
ORDER
This Court had condoned the delay after being satisfied with the reasons that have been given in the affidavit. This order was passed in
V. LAKSHMINARAYANAN, J.
CMP.No.21935 of 2022 dated 07.01.2025. Insofar as the restoration of Second Appeal is concerned, the petitioner pleads that their erstwhile counsel Mr.D.Durairajan fell sick and therefore was not in a position to appear before the Court. It is further pleaded that the learned counsel, after the appeal had been dismissed for default, handed over the papers to the present counsel, who has filed the petition for restoration.
2.Heard Ms.Abbiraami, learned counsel for the petitioner. There is no representation for the respondents.
3.I am satisfied with the reasons given in the affidavit. CMP.No.21937 of 2022 stands ordered.
4.Second Appeal stands restored.
25.10.2025
vs
CMP.No.21937 of 2022 in S.A.No.631 of 2004
1 issue framed by the court
Whether the court is satisfied to condone delay and restore the Second Appeal dismissed for default due to illness of the erstwhile counsel.
1 provisions across 1 enactments
Raniammal
C.P.Manivannan
C.P.Pattabiaman
Vasantha Ammal
Ravi Prasath
Meerabai
V. LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
