Victor Immanuel vs The National Director
2021 Latest Caselaw 12459 Mad

                                                                              CRP.PD.No.362 of 2018


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 25.06.2021

                                                         CORAM

                                   THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                               CRP.PD.No.362 of 2018
                                                       and
                                                CMP.No.1898 of 2018


                    Victor Immanuel                                                ..Petitioner

                                                          Vs.

                    1.The National Director,
                      World Vision of India,
                      No.16, VOC Main Road,
                      Kodambakkam,
                      Chennai-24
                    2.S.P.Nagarajan                                        ..Respondents

                    PRAYER:

                              The Civil Revision Petition is filed under Article 227 of the

                    Constitution of India to set aside the judgment and decree passed by

                    the IV Assistant City Civil Court, Chennai in IA.No.7009 of 2017 in

                    OS.No.254 of 2014 dated 27.10.2017.



                                        For Petitioner      : Mr.K.Thilageswaran

                                        For Respondents
                                              For R1    : Mr.Vijayan
                                                          for M/s.King & Partridge
                                              R2        : no appearance


                    1/4

https://www.mhc.tn.gov.in/judis/
                                                                               CRP.PD.No.362 of 2018




                                                      ORDER

This Civil Revision Petition is filed against the judgment

and decree passed by the IV Assistant City Civil Court, Chennai in

IA.No.7009 of 2017 in OS.No.254 of 2014 dated 27.10.2017, thereby

dismissing the petition seeking amendment of the plaint.

2. The petitioner is the plaintiff and the respondents are the

defendants. Originally, the petitioner filed suit challenging the report

submitted by the Enquiry Officer and the show cause notice issued on

the basis of the enquiry report. While pending the suit, the

respondents passed termination order on the basis of the Enquiry

Officer's report. Therefore, the petitioner was allowed to amend the

plaint to challenge the termination order and deleted the prayer

challenging the Enquiry Officer's report. Once again, the petitioner filed

amendment petition to include the prayer challenging the Enquiry

Officer's report.

3. It is made clear that once the final order passed on the

basis of the Enquiry Officer's report, it merges with the final order. If

the final order is set aside, the basis for passing final order also goes.

Therefore, the petitioner need not challenge the Enquiry Officer's

report.

https://www.mhc.tn.gov.in/judis/ CRP.PD.No.362 of 2018

4. With the above said clarification, the civil revision petition

is disposed of. The court below is directed to dispose of the suit within

a period of six months from the date of receipt of copy of this order.

Consequently, connected miscellaneous petition is closed. No order as

to costs.

                                                                                     25.06.2021
                    Speaking/Non-speaking order
                    Index    : Yes/No
                    Internet : Yes/No
                    lok

https://www.mhc.tn.gov.in/judis/ CRP.PD.No.362 of 2018

G.K.ILANTHIRAIYAN,J.

lok

To

The IV Assistant Judge, City Civil Court, Chennai

CRP.PD.No.362 of 2018

25.06.2021

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