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Samuel Raj v. M.Janet Amala Arul Jothi

Madras HC20 Feb 2025CMP(MD)/18961/2024

Case brief

AI extract

What is this about?

withdrawal of deposited admitted amount; condonation of delay; deposit condition; restoration of appeal at SR stage; review allowed; pronote forgery plea by appellant; liability admission through counsel; money decree Rs.20,00,000/-; O.S.No.2 of 2018 II Additional District Court Thoothukudi; A.S.(MD)SR.No.56274 of 2023; CMP(MD)No.4520 of 2024; Rev.Aplc(MD)No.114 of 2024; execution stay; Madurai Bench of Madras High Court; first appeal to be numbered and listed 27.02.2025.

What did the court decide?

The Civil Miscellaneous Petition seeking withdrawal of the deposited admitted amount was allowed; Registry directed to number the first appeal (A.S(MD) SR.No.56274 of 2023) and list it before the Bench on 27.02.2025. ¶23

Samuel Raj Vs M.Janet Amala Arul Jothi — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the judgment debtor/appellant is entitled to withdraw the admitted sum of Rs.7,50,000/- (with interest) deposited pursuant to the conditional restoration orders. +1 more

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Court's answer

Having made the said admission of liability, the plaintiff/decree-holder cannot be denied the right to withdraw the admitted amount.

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Ratio / Principle

The Court declined to enter into the appellant's contention that the pronote is a rank forgery, because at the stage of condonation itself the appellant, through her counsel, had admitted that her liability would be Rs.7,50,000/-, and that admission stands recorded in Paragraph No.4 of the order dated 11.06.2024 in CMP(MD)No.4520 of 2024 and in the order dated 27.09.2024 allowing Rev.Aplc(MD)No.114 if 2024.

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Detailed headnote1 paragraphs

The Madurai Bench of the Madras High Court allowed CMP(MD)No.18961 of 2024 (in AS(MD) SR No.56274 of 2023) permitting the judgment debtor/appellant to withdraw the admitted sum of Rs.7,50,000/- with interest deposited pursuant to the conditional order dated 11.06.2024 in CMP(MD)No.4520 of 2024 and the restoration order dated 27.09.2024 in Rev.Aplc(MD)No.114 of 2024. Although the appellant contended that the suit pronote was a rank forgery allegedly committed by her husband, the Court declined to examine that plea, noting that at the condonation stage she had through counsel admitted liability of Rs.7,50,000/-, an admission recorded in Paragraph No.4 of the orders dated 11.06.2024 and 27.09.2024; the plaintiff/decree-holder therefore could not be denied the right to withdraw the admitted amount out of the Rs.20,00,000/- money decree in O.S.No.2 of 2018. Registry was directed to number the first appeal and list it on 27.02.2025.

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CMP(MD) NO. 18961 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20-02-2025

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CORAM THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN CMP(MD) NO. 18961 of 2024 IN AS(MD) SR NO. 56274 OF 2023

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Samuel Raj S/o.Antony Muthu Nadar, No.28, Ilanganathapuram, Nangaimozhi Village, Tiruchendur Taluk, Thoothukudi District. Petitioner(s)

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M.Janet Amala Arul Jothi W/o.Maria Antony George, Door No.4/148, Main Road, Boothakalavilai, Thoothukudi. Respondent(s)

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For Petitioner(s): Mr.V.Sasi Kumar For Respondent(s): Mr.A.Sankara Ramasubramanian

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ORDER

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The petitioner herein Thiru.Samuel Raj filed O.S.No.2 of 2018 on the file of II Additional District Court, Thoothukudi for recovery of sum of Rs.20,00,000/(Rupees Twenty Lakhs only) with interest. The suit was decreed on 07.04.2022. Questioning the same, the defendant Janet Amala Aruljothi filed A.S(MD) SR.No.56274 of 2023. There was a delay of 578 days in filing. To condone the same,

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the judgment debtor filed C.M.P(MD)No.4520 of 2024. On 11.06.2024, the following https://www.mhc.tn.gov.in/judis

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CMP(MD) NO. 18961 of 2024

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order was passed:

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“5. The petitioner is directed to: (a) Serve copies of this petition to the respondent; and (b) deposit the admitted sum of Rs.7,50,000/- (Seven Lakhs and Fifty Thousand Rupees only) with interest precondition for this Court to take up this petition on or before 25.06.2024.”

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Since the judgment debtor failed to comply with the condition, C.M.P(MD)No.4520 of 2024 was dismissed on 16.07.2024 and the appeal suit was rejected at the SR stage itself. Thereafter, the judgment debtor filed Rev.Aplc(MD)No.114 if 2024. It was allowed on 27.09.2024 in the following terms:

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“5. In view of the same, this Court recalls its earlier order dated 16.07.2024, and both the CMP(MD) No.4520 of 2024 and the appeal suit in A.S.(MD)SR.No. 56274 of 2023 are restored to its file on condition that the review petitioner / appellant deposits the said amount within a period of two weeks from the date on which a copy of this order is hosted in the official website, and once the money is deposited, the execution proceedings before the Execution Court will stand stayed.”

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2.The judgment debtor subsequently complied with the said condition. To withdraw the said amount, this CMP has been filed. The appeal is yet to be numbered.

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https://www.mhc.tn.gov.in/judis

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CMP(MD) NO. 18961 of 2024

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3.The learned counsel appearing for the appellant / judgment debtor submitted that the pronote based on which the suit was instituted is a rank forgery. He would contend that the appellant's husband had forged her signature.

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4.We do not want to go into the said contention for a simple reason. At the stage of condonation itself the appellant through her counsel had admitted that her liability would be amount of Rs.7,50,000/- (Rupees Seven Lakhs and Fifty Thousand only). This admission is recorded in Paragraph No.4 of the order dated 11.06.2024 made in CMP(MD)No.4520 of 2024 and also in the order dated 27.09.2024 allowing Rev.Aplc(MD)No.114 if 2024. The plaintiff cannot be denied the right to withdraw the admitted amount.

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5.In this view of the matter, this Civil Miscellaneous Petition is allowed.

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6.Registry is directed to number the first appeal and list it before us on 27.02.2025.

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/ TRUE COPY /

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/02/2025

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Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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MGA