Madras High Court
A/4420/2026 of N.PALANI Vs R.VARADARAJAN (DECD.) 1.MRS.K.V.JAYASHREE AND 3 OT on 3 November 2026
A No. 4420 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR
A No. 4420 of 2026
in
C.S.No.743 of 2006
N.Palani
No.315, West Avenue Road,
Maha Kavi Baharathi Nagar,
Chennai 600 039
..Applicant(s)
Vs
R.Varadarajan (decd.)
1. Mrs.K.V.Jayashree
No.A-1, Salmas Royal Residency,
Muthukumarappan St.,
48, Arcot Road, Saligaramam,
Chennai 600 093.
2. Mrs.V.C.Ragel
No.15/1, Sri Ram Nagar,
Vyasarpadi, Chennai 600 093.
3. The Sub Registrar Of Assurance
Purasawakkam Sub Registrar Office
Perumbur Barrack Road,
Chennai 600 011.
4. Seema Varadarajan
D/o.Late Varadarajan,
No.7 Ist Cross Street, Kilpauk,
Garden Colony, Chennai 600 010.
..Respondent(s)
A No. 4420 of 2026
To restore the above suit in C.S.No.743 of 2006 - on the file of this Honble Court, which was dismissed for default on 25/08/2026, and permit the same to be proceeded with in accordance with law.
For Applicant(s):
Mr.V.Rajesh
For Respondent(s):
Mr.A.M.Venkatakrishnan
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This application has been filed seeking restoration of C.S.No.743 of 2006, which was dismissed for default on 25.08.2026.
2. Heard the learned counsel appearing for the applicant and the learned counsel appearing for the fifth respondent/fifth defendant.
3. On perusal of the affidavit filed in support of the application, it is seen that the plaintiff’s previous counsel passed away on 27.11.2020 and that a new counsel was engaged in March 2022. However, the newly engaged counsel did not file a vakalatnama but instead addressed letters seeking transfer of the suit on the ground that this Court lacked pecuniary jurisdiction to try the matter, as the suit valuation was less than Rs.50 lakhs. In the circumstances, the reason assigned for the non-prosecution of the suit appears to be bona fide and constitutes sufficient cause for setting aside the order of dismissal and restoring the suit.
A No. 4420 of 2026
4. Accordingly, Application No.4420 of 2026 is allowed. The Registry is directed to restore C.S.No.743 of 2006 to its original file. Since the suit valuation is less than Rs.50 lakhs, the Registry is further directed to transfer the suit to the City Civil Court, Chennai, which has the requisite pecuniary jurisdiction, for disposal in accordance with law. 03-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No mk
A No. 4420 of 2026
HEMANT CHANDANGOUDAR, J. mk A No. 4420 of 2026 in C.S.No.743 of 2006 03-11-2026