REGENT COMPUTRONICS PVT. LTD.

KANNIAMMAL Appellant

V/S

S.JYOTHI Respondents

Referred Judgements :-

BADVEL CHINNA ASETHU V VETTIPALLI KESAVAYYA [REFERRED TO]
MUNASSAR BIN V FATIMA BEGUM [REFERRED TO]
RANI CHOUDHURY VS. LT COL SURAJ JIT CHOUDHURY [REFERRED TO]
CHANDRAVATHI P K VS. C K SAJI [REFERRED TO]
DEEPAL GIRISHBHAI SONI VS. UNITED INDIA INSURANCE COMPANY LIMITED BARODA [REFERRED TO]
SHYAM SUNDER SHARMA VS. PANNALAL JAISWAL [REFERRED TO]
BHANU KUMAR JAIN VS. ARCHANA KUMAR [REFERRED TO]
RAZIUDDIN MOHD SIDDIQUI VS. ZAIHAB KHATOON [REFERRED TO]
SUMERA VS. MADANLAL [REFERRED TO]
ARCHANA KUMAR VS. PURENDU PRAKASH MUKHERJEE [REFERRED TO]
MANGILAL RUNGTA CALCUTTA VS. MANGANESE ORE INDIA LTD [REFERRED TO]
M K GOURIKUTTY VS. M K RAGHAVAN [REFERRED TO]
MEENAKSHISUNDARAM TEXTILES VS. VALLIAMMAL TEXTILES LTD [REFERRED TO]

JUDGEMENT

(1.) This appeal arises out of the judgment and decree dated 03.07.2007 passed by the learned VI Additional Judge, City Civil Court,Madras, in A.S.No.342 of 2006, whereby the lower appellate court reversed the judgment and decree passed by the learned IV Assistant Judge, City Civil Court, Madras, in O.S.No.8622 of 1996 and remanded the matter to the trail court. The appellant is the plaintiff and the legal heirs of the deceased defendant, by name, Selvamani, are the respondents herein.

(2.) The circumstances, which led the appellant/ plaintiff to file the present appeal, are as follows:

(3.) It is the submission of the learned counsel for the appellant/plaintiff that once the application filed under Order 9 Rule 13 C.P.C. was dismissed, the regular first appeal as against the ex parte decree and judgment, is not maintainable. In this regard, the learned counsel has relied on the judgments reported in AIR 1989 M.P.224, AIR 2001 (KERALA) 398, AIR 2005 SC 626 and 2(1982) DMC 330.

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KANNIAMMAL Vs. S JYOTHI

Referred Judgements :-

JUDGEMENT

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