S.Alamelu Mangai vs M.Karuppiah
2021 Latest Caselaw 13029 Mad

                                                                                       A.S.No.175 of 2018


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                       DATED: 02.07.2021

                                                           CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                                       A.S.No.175 of 2018

                     S.Alamelu Mangai                                         ... Appellant

                                                               Vs
                     M.Karuppiah                                              ... Respondent

                     Prayer: Appeal Suit is filed under Section 96 C.P.C, to set aside the
                     impugned judgement and decree dated 07.08.2017 passed in O.S.No.137
                     of 2016 by the IV Additional District Judge, Madurai, decree the suit
                     with cost through out.
                                       For Appellant       : Mr.T.R.Subramanian
                                       For Respondents     : M/s.I.Joshua


                                                        JUDGMENT

The plaintiff in O.S.No.137 of 2016, on the file of IV Additional

District Judge, Madurai, is the appellant herein. The appellant filed the

said suit for recovering a sum of Rs.13,51,350/- from the defendant with

subsequent interest.

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A.S.No.175 of 2018

2. According to the plaintiff, the defendant borrowed a sum of Rs.

13,00,000/- from her on 02.06.2016 and also executed Ex.A1 -

Promissory Note. The plaintiff issued Ex.A2 - Lawyer Notice, dated

09.08.2016. But the same was returned as unserved. Therefore, the suit

came to be filed. The defendant entered appearance through his counsel,

but did not file any written statement and he was set exparte. But the suit

came to be dismissed, by judgement and decree dated 07.08.2017.

Aggrieved over the same, the appeal has been filed.

3. The learned counsel appearing for the respondent submitted that

due to certain reasons, the defendant could not file the written statement.

Realising that his scope is rather limited in this appeal, he submitted that

he has no objection for remanding the matter.

4. The learned counsel for the appellant also submitted that if the

matter is remanded back, the appellant will not have any grievance.

5. In view of the consensus between the parties and in the interest

of justice, I set aside the impugned judgment and remand the matter back

to the file of the Court below. Since the parties are represented before

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A.S.No.175 of 2018

this Court, they are directed to appear before the Court below on

23.08.2021, either in person or through video conferencing or through

counsel depending on the situation. The Court below will call this case

on 23.08.2021. The defendant shall file his written statement on the said

date itself. Based on the same, issues will be framed. The matter will be

taken up trial afresh and decided on merits and in accordance with law.

6. The Judgement and decree of the court below are set aside and

the matter is remanded back to the learned IV Additional District Judge,

Madurai.

7. Accordingly, this Appeal Suit is allowed and the appellant will

be entitled to refund of the Court fees. No costs.

                                                                                         02.07.2021

                     Index            : Yes / No
                     Internet         : Yes/ No
                     kmm

                     To:

The IV Additional District Judge, Madurai.

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

A.S.No.175 of 2018

G.R.SWAMINATHAN,J.

kmm

A.S.No.175 of 2018

02.07.2021

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