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A. Albert Rajkumar, v. a.Beula Rajkumari and Others

Madras HC15 Dec 2025OSA/342/2025

Case brief

AI extract

What is this about?

Condonation of delay in re-presentation; matter between the Court and the party; genuine reasons affidavit; delay of 35 days not enormous; impleading petition by third party; dismissal order dated 26.09.2024 set aside; O.A.No.5815 of 2022; O.A.SR.No.30282 of 2024; C.S.No.604 of 2019; A.No.5294 of 2024; A.No.5295 of 2024; Original Side Appeal under Order XXXVI Rule 9 of O.S.Rules r/w Clause 15 of Letters Patent; C.M.P.Nos.27001 and 27181 of 2025; Single Judge order dated 13.12.2024 set aside; Madras High Court Original Side; appellants A.Albert Rajkumar; respondents A.Beula Rajkumari and A.Flora Needhidas.

What did the court decide?

Both Original Side Appeals (O.S.A.Nos.342 and 345 of 2025) allowed; the learned Single Judge's order dated 13.12.2024 set aside; connected Miscellaneous Petitions (C.M.P.Nos.27001 and 27181 of 2025) closed.

A. Albert Rajkumar, Vs a.Beula Rajkumari and Others — Madras HC (2025) — LawSathi Research

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2025:MHC:2912

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O.S.A.Nos.342 and 345 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.12.2025

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C O R A M

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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O.S.A.Nos.342 and 345 of 2025 and C.M.P.Nos.27001 and 27181 of 2025

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A.Albert Rajkumar ... Common Appellant/Applicant/Defendant

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-vs-

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A.Beula Rajkumari and Others

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A.Flora Needhidas Rep. by her Power Agent Beula Rajkumari

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... Common Respondents/Respondents/Plaintiffs Common Prayer: Original Suit Appeals filed under Order XXXVI Rule 9 of O.S.Rules r/w Clause 15 of Letters Patent to set aside the order dated 13.12.2024 passed in A.No.5294 of 2024 against O.A.No.5815 of 2022 in C.S.No.604 of 2019 and A.No.5295 of 2024 against O.A.SR.No.30282 of 2024 in C.S.No.604 of 2019 on the file of this Court.

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For Appellant : Mr.D.Babu Varadharajan For Mr.A.Murugavel For R1 and R2 : Mr.C.Rajakumar

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C O M M O N J U D G M E N T

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(By.C.KUMARAPPAN,J.,)

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The present Original Side Appeals are arising against the order dated 13.12.2024 passed by the learned Single Judge in rejecting (i)

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1/3

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

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O.S.A.Nos.342 and 345 of 2025

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A.No.5294 of 2024 against O.A.No.5815 of 2022 in C.S.No.604 of 2019 that was filed to set aside the dismissal order dated 26.09.2024 and (ii) A.No.5295 of 2024 against O.A.SR.No.30282 of 2024 in C.S.No.604 of 2019 filed to condone the delay of 35 days in re-presenting the impleading petition filed by a third party.

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Though learned counsel for the respondents would strongly object to condonation of delay, it is a well settled principles of law that the condonation of delay in re-presentation is a matter between the Court and the party. While looking at the reasons stated in the affidavit, this Court finds that there are genuine reasons adduced for condoning the delay and therefore, we would like to interfere with the order of the learned Single Judge dated 13.12.2024. It is pertinent to mention here that the delay is also not enormous.

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In view of the above, both Original Side Appeals are allowed and the order of the learned Single Judge dated 13.12.2024 stands set aside. Consequently, connected Miscellaneous Petitions are closed.

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(S.M.S,J.,) (C.K,J.,) 15.12.2025

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Index: Yes / No Internet: Yes / No ar 2/3

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

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O.S.A.Nos.342 and 345 of 2025

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S.M.SUBRAMANIAM, J. AND C.KUMARAPPAN, J.

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