D.Shanmugam vs T.Rajendran
2021 Latest Caselaw 10376 Mad

                                                               1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 22.04.2021

                                                             Coram

                                      The Hon'ble Mr. Justice C.V.KARTHIKEYAN

                                                   C.R.P.No.874 of 2021
                                                           and
                                                  C.M.P.No.7436 of 2021


                     D.Shanmugam
                                                        ..         Petitioner/Appellant//Petitioner

                                                              Vs

                     T.Rajendran
                                                              ..Respondent/Respondent/Respondent



                               Civil Revision Petition filed under Section 115 of the Code of
                     Civil Procedure against the fair and decreetal order dated 12.03.2021
                     passed in I.A.No.36 of 2020 in A.S.Sr.No.74890 of 2018 on the file of
                     the Principal Judge, City Civil Court, Chennai.


                                      For Petitioner               ..    Mr.Govi Ganesan

                                      For Respondent               ..    Inamdar Ameenur Rahman




https://www.mhc.tn.gov.in/judis/
                                                            2

                                                        ORDER

This Revision Petition has been filed questioning the order passed

in I.A.No.36 of 2020 in A.S.Sr.No.74890 of 2018 which order dated

12.03.2021 was passed by the learned Principal Judge, City Civil Court,

Chennai.

2.The A.S.Sr.No.74890 of 2018 had been filed by the defendant in

O.S.No.7006 of 2014 who suffered a judgment and decree in a suit filed

for recovery of money. Execution Petition had also been filed.

Thereafter, the First Appeal had been filed and the present application

had been presented to condone the delay in re-presentation.

3.The learned Judge had given a breathing line for the present

petitioner, by directing him to deposit a sum of Rs.20,000/- towards the

decreetal amount in the Court. It is seen that the said condition was not

complied with. The order was passed on 24.02.2021 and time was given

till 11.03.2021. The matter was again posted on 12.03.2021. On

12.03.2021, there was no representation on behalf of the petitioner or by

his counsel and since the condition had not been complied, the petition

to condone the delay in re-presenting the appeal came to be dismissed.

4.Questioning that particular order, the present Civil Revision https://www.mhc.tn.gov.in/judis/

Petition has been filed under Section 115 of the Code of Civil Procedure,

1908.

5.By way of an amendment the scope of a Revision Petition under

Section 115 of CPC had been narrowed down and patent illegality in an

order cannot be questioned by way of revision.

6.It is seen that the petitioner had questioned the order directing

him to deposit a sum of Rs.20,000/- in the Court as a pre-condition for

condoning the delay. It is seen that he had not complied with the said

condition. It is also seen that the petitioner was not interested in

appearing before the Court. The counsel also not appear before the court

on behalf of the petitioner.

7.The Court has no other option but to dismiss the revision.

8.The Revision Petition is dismissed. No costs. Consequently, the

connected Civil Miscellaneous Petition is closed.

9.Mr.Inamdar Ameenur Rahman, had entered appearance as https://www.mhc.tn.gov.in/judis/

caveator but was not called.

22.04.2021 Internet:Yes/No Index:Yes/No smv

To The Principal Judge, City Civil Court, Chennai.

C.V.KARTHIKEYAN,J.

https://www.mhc.tn.gov.in/judis/

smv

C.R.P.No.874 of 2021

22.04.2021

https://www.mhc.tn.gov.in/judis/