S.Parthiban v. K.Thirumalaiya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025 CORAM :

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Application No.6314 of 2024 in C.S.No.590 of 2019 S.Parthiban Prop. of M/s.Silver Line Film Factory No.26/1, 2nd Street, Kumaran Colony Vadapalani, Chennai 600 026 Applicant Vs K.Thirumalaiya Flat No.205, B-Block Ankur Bob Classic Apartments Door No.11, Ratnammal Street Kodambakkam, Chennai 600 024 and 3 Others Respondents For Applicant : Mr.A.Chidambaram For Respondents : Mr.S Sivaraman

ORDER

By this application, plaintiff seeks to set aside the order dated 24.04.2024 and to consequently, restore the suit.

2. The order sheets disclose that parties were directed to file the Case Management Schedule and proof affidavit on 24.04.2024, by order dated 04.04.2024. On the next hearing on 24.04.2024, the suit was dismissed because plaintiff did not comply with the directions issued on 04.04.2024. In the affidavit in support of the application, it is stated that the Case Management Schedule could not be filed on 24.04.2024 particularly because plaintiff had filed an application for amendment.

3. Learned counsel for defendant opposes application inter alia on the ground that the suit is infructuous.

4. Upon examining the order sheets, it appears that grave prejudice would be caused to plaintiff unless order dated 24.04.2024 is

set aside and the suit restored.

5. Accordingly, this application is allowed on the following terms: (i) The parties shall agree upon and submit a common proposed Case Management Schedule on 24.02.2025; and (ii) The proof affidavit of the plaintiff's witness (PW1) shall be filed on the said date.

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