S.Sambathkumar vs Mala Devaraj
2021 Latest Caselaw 24713 Mad

                                                                                       CRP No.2856 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 15.12.2021

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                 CRP No.2856 of 2021 and
                                                  CMP.No.20678 of 2021

                     S.Sambathkumar                                                 ... Petitioner

                                                             Vs

                     Mala Devaraj                                                   ... Respondent

                     Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
                     India against the Judgment and decree dated 7.2.2017 made in A.S.No.88 of
                     2016 on the file of the XVIII Additional, City Civil Court, Chennai.


                                            For Petitioner        : Mr.S.Udhayakumar

                                                        ORDER

The grievance of the petitioner is that the Appellate Court after

recording the absence of the counsel for the appellant and respondent has

proceeded to dispose of the appeal on merits, which according to him is

against the mandate of Order 41 Rule 17(1) of the Code of Civil Procedure.

https://www.mhc.tn.gov.in/judis CRP No.2856 of 2021

2.No doubt, the grievance seems to be justified, however, I do not

think a revision under Article 227 of the Constitution of India can be

entertained since it is open to the petitioner to treat the judgment dated

07.02.2017 made in A.S.No.88 of 2016 as exparte judgment and seek

rehearing of the appeal under Order 41 Rule 19 or under Order 41 Rule 21 of

CPC. Hence, this revision is dismissed, preserving the liberty to the petitioner

to move the Appellate Court seeking rehearing of the appeal under Order 41

Rule 21 of CPC along with an application for condonation of delay. The

Appellate Court while considering the application for condonation of delay

will bear in mind the pendency of this revision and the time spent therein. No

costs.

15.12.2021

vs Index: Yes/No Speaking order / Non speaking order

To:

1.The XVIII Assistant, City Civil Court, Chennai.

2.The Section Officer,

https://www.mhc.tn.gov.in/judis CRP No.2856 of 2021

VR Section, Madras High Court, Chennai.

R.SUBRAMANIAN, J.

vs

CRP No.2856 of 2021 and CMP.No.20678 of 2021

15.12.2021

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