(1.) These appeals were originally listed before Hon'ble Mr.JUSTICE G.R.SWAMINATHAN for admission. Taking note of the fact that he was a part of the coram in V.S.Chandrasekaran Vs. R.Uma (A.S.(MD)No. 5 of 2025 dtd. 25/4/2025), he referred the matter to this Division Bench. Introduction
(2.) The practice of this Court has been that on the first appeal, being presented and numbered, notice is issued to the respondents. Thereafter, the appeals are listed for hear- ing before the appropriate Bench. The Hon'ble Mr.JUSTICE N.SATHISHKUMAR, took a view in Karupuchetty @ Vaiyapuri (Died) Vs. Papathi (A.S.No.148 of 2025 dtd. 7/3/2025) that after the amendment to Order XLI Rule 11 of Code of Civil Procedure, the first appeals would have to be listed for a hearing on "admission" and only thereafter the other steps can be taken.
(3.) Taking cognizance of this view, certain first appeals were listed for admission before a Division Bench of this Court sitting at Permanent Bench at Madurai. The Division Bench, consisting of one of us (Hon'ble Mr.Justice G.R.Swaminathan) and Hon'ble Mr.Justice M.Jothiraman, took a view in V.S.Chandrasekaran Vs. R.Uma (A.S.(MD)No. 5 of 2025 dtd. 25/4/2025) that the interpretation of Order XLI Rule 11 made in Karupuchetty's case is not in line with the Code and Appellate Side Rules. They further held that when the Appellate Side Rules of the Madras High Court are in variance with the first Schedule appended to the Civil Procedure Code, the Appellate Side Rules will take precedence. Consequently, they directed the procedure followed prior to Karupuchetty's case to be continued.
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