Madras High Court
A/4593/2026 of LION S.SOLAI SUBRAMANIAN Vs PMJF Lion Rajesh N Dave on 2 November 2026
A No. 4593 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR
A No. 4593 of 2026
in
C.S.No.82 of 2026
Lion S.Solai Subramanian
S/o.Solaiyappan,
(Lions Club Membership ID-2435782)
President of Lions Club (2024-25), Pudukottai Anandham (Club ID-153929), Lions District 324, residing at No.251, AMA Nagar, Nizam Colony, Pudukottai, 622001.
..Applicant(s)
Vs
1. PMJF Lion Rajesh N Dave
S/o.not known,
then Multiple Council Chairperson, MD 324, residing at No.201/C, 34 2nd Avenue, 11th Main Road, Anna Nagar West, Chennai-600040.
2. PMJF Lion S.V.Manickam , Pmcc
S/o.not known,
the then Chairperson, Resolution Committee, MD 324, residing at Plot No.5, Vishnu Nagar, VOC Street, Puzhal, Chennai-600066.
3. PMJF Lion A.Savarairaj
S/o.not known,
the then District Governor, District 324F
residing at No.5539 Kail Street,
Matha Kottai,
Thanjavur-613 004.
A No. 4593 of 2026
4.
5. PMJF Lion D.Manivannan
S/o.not Known
Present District Governor 3242-F(2025-26)
District 3242-F(Corresponding to 324F)
residing at Sri Venkatesa Lab, No.48,
South Main Road,
Thanjavur-613005.
6. Lion A.P.Singh , International
S/o.not known
President(2025-26), Lions Club International, residing at Wachel Molla Mansion, 1st floor, 8, Lenin Sarani, Kolkata-700013.
7. Lion S Magesh
S/o.not known,
International Director(2024-26),
Lions Club International,
residing at No.13-15,
Gandhi Road, Kanchipuram-631502
8. THE LIONS INTERNATIONAL Multiple
District 324,
Represented by Multiple Council Chairperson, Flat No.5L, and 5m, Century plaza, 5th Floor, 560, Anna Salai, Chennai-600018.
..Respondent(s)
To restore C.S.No.82 of 2026 which was dismissed for default by order of the Honble Court dated 13/08/2026 in C.S.No.82 of 2026.
For Applicant(s):
Mr.J.Thalapathy Sriram
For Respondent(s):
Mr.K.V.Babu
A No. 4593 of 2026
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ORDER
This application has been filed seeking to set aside the order dated 13.08.2026, dismissing the suit for default, and to restore C.S.No.82 of 2026 to its original file.
2. The suit has been instituted seeking a declaration that the election is null and void, along with other consequential reliefs. The suit was listed for hearing arguments on an application seeking an interim injunction.
3. On 13.08.2026, when the matter was taken up for hearing, there was no representation on behalf of the plaintiff. Consequently, the suit was dismissed for want of prosecution.
4. In the affidavit filed in support of the application, it is stated that the learned counsel appearing for the plaintiff was at Coimbatore and had logged into the virtual hearing platform to participate in the proceedings. However, due to technical issues beyond the counsel’s control, the counsel could not join the hearing. As a result, the suit came to be dismissed for default.
5. The learned counsel appearing for the respondents/defendants opposes the application.
6. This Court has considered the submissions made on either side. The order of dismissal was passed on 13.08.2026, and the present application for
A No. 4593 of 2026
restoration was filed on 19.08.2026, within a short period thereafter. The explanation offered for the absence of the plaintiff’s counsel appears reasonable. Further, no serious prejudice would be caused to the respondents/defendants if the suit is restored to its original file. On the other hand, restoration would enable the dispute to be decided on its merits.
7. In the above circumstances, this Court is satisfied that sufficient cause has been shown for the non-appearance of the plaintiff on 13.08.2026. Therefore, the application deserves to be allowed.
8. Accordingly, Application No.4593 of 2026 is allowed. The order dated 13.08.2026 dismissing C.S.No.82 of 2026 for default is set aside, and the suit is restored to its original file.
9. Post the suit on 24.11.2026. 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No mk
A No. 4593 of 2026
HEMANT CHANDANGOUDAR, J. mk A No. 4593 of 2026 in C.S.No.82 of 2026 02-11-2026