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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, V.Lakshminarayanan
P.R.Saravanan – Appellant
Versus
K.Dhanalakshmi (Died) – Respondent
ORDER :
V.LAKSHMINARAYANAN.J.
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 dated 25.04.2025), 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 hearing 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 dated 07.03.2025) 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 d
Court affirmed the Appellate Side Rules over amendments to the Code of Civil Procedure, maintaining that first appeals do not require an admission stage, thus protecting the litigants' right to appea....
The right to appeal in civil matters is fundamental and must be respected without imposing unnecessary preliminary admission criteria, thus mandates notice upon appeal registration without substantiv....
Judicial functions related to appeal admissions under Order 41 Rule 11 cannot be delegated to administrative staff but must be performed by the court, as established by substantive provisions of the ....
Judicial functions regarding the admission of appeals under the Code of Civil Procedure must be performed by the court, not delegated to registrars, preserving the integrity of judicial review.
The court established that all first appeals under Section 96 of CPC must be posted for admission before the concerned judge, overriding the previous automatic admission practice.
The appellate court must provide a reasoned judgment when dismissing a first appeal, ensuring all issues are adequately addressed to uphold the parties' rights.
For a decree on admissions under Order XII Rule 6 CPC, the admissions must be clear, unambiguous, and unconditional; evasive denials do not qualify.
Appeal from Original Decree – Explanation to Order XLI Rule 17 CPC also applies in cases where counsel for appellant, though physically present in Court when appeal is called on for hearing, refuses ....
Point of Law : Order XVII prescribes the procedure to be followed by the Court in trial of Suits. The procedure to be followed by appeal Court while hearing an appeal is prescribed in Order XLI CPC.
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