J.Lalaram Choudhary v. S.Ramakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL A NO. 5376 of 2025 AND CS NO. 221 OF 2021 J.Lalaram Choudhary S/o.Late Jetharam, No.12, Friends Avenue, Arumbakkam, Chennai 600 106.

Applicant(s) Vs S.Ramakrishnan S/o.Subramani, No.5/135, Bakthan Street, Koman Nagar, Thaiyur Village, Kanchipuram District 603 103.

Respondent(s) CS NO. 221 of 2021 J.Lalaram Choudhary No.12, Friends Avenue, Arumbakkam, Chennai-600 106 Plaintiff(s) Vs S.Ramakrishnan No.5/135, Bakthan Street, Koman Nagar, Thaiyur, Kancheepuram Dist.603 103 Defendant(s) A NO. 5376 of 2025 For Applicant(s):

M/s.T.M.Manoharan

M.Balan For Respondent(s):

CS NO. 221 of 2021 For Plaintiff(s):

M/s.T.M.Manoharan S.S.Mamallan M..Balan M.Rajeswari [n.No.378, Thioruvottriyur High Rd.

Tondiarpet, Ch-81] For Defendant(s):

M/s.V.R.Appaswamee (1057/97) V.Vijayarajan (1634/2007) S.Thiyagarajan (1529/14) A.Tamilselvan (1489/2020) For Deft.(1) - D.No.14608/2022 [7/2, Kondi Chetty St, Mehta House, Top Floor, Parrys, Ch-1 (044-25366591].

ORDER

This application is filed by the applicant / plaintiff to restore the suit which was dismissed for non prosecution on 12.12.2023.

2. According to the applicant, he is the plaintiff in the main suit. He filed the suit for recovery of money and the same was dismissed for non prosecution on 12.12.2023. Due to misplacement of the bundle by the junior counsel of the applicant Advocate, they are unable to verify the case status and unable to conduct the case. Since, they are unable to

appear and prosecute the case on 12.12.2023, this Court dismissed the suit for non prosecution. The applicant had already filed the application to condone the delay in filing this application and the same was allowed by this Court. Therefore, the suit which was dismissed for non prosecution on 12.12.2023 has to be restored.

3. The other side has not seriously objected.

4. Considering the reasons stated in the affidavit, the nature of application and the facts and circumstances of the case, this application is allowed.

5. Both side counsel represented that the issues were framed. Therefore, the matter is referred to the learned Master for recording the evidence on 24.11.2025.

06.11.2025 mtl

P. DHANABAL , J.

mtl A NO. 5376 of 2025 IN CS NO. 221 OF 2021 06.11.2025