Madras High Court
J.M.Navasing Kasi vs Selvaraj on 24 November, 2021
C.R.P(PD)(MD) No.1823 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.11.2021
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P (PD)(MD)No.1823 of 2021
and
C.M.P(MD) No.9778 of 2021
1.J.M.Navasing Kasi
2.Joshwa Selvaraj Kumar
3.Ezil Rani ... Petitioners
Vs.
1.Selvaraj
2.C.Thilagam
3.Sahimathi
4.Sundalaimuthu Pannaiyar
5.Saravanan
6.Mahesh ... Respondents
(No relief is claimed against the respondents 4 to 6.
Hence notice to respondents 4 to 6 be dispensed with)
PRAYER:- Civil Revision Petition filed under Article 227 of
Constitution of India, to direct the Principal District Judge, Thoothukudi
to take on file and number the application in unnumbered I.A of 2019 in
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C.R.P(PD)(MD) No.1823 of 2021
O.S.No.35 of 2014 on the file of the learned Principal District Judge,
Tuticorin, by allowing this civil revision petition.
For Petitioner : Mr.G.Prabhu Rajadurai
For Respondent : Mr.Mohamed Haneef
ORDER
The above civil revision petition is filed seeking for a direction to
the learned Principal District Judge, Tuticorin, to number the I.A.SR.No.
8684 of 2019 dated 04.09.2019.
2.It is the case of the petitioners that the above application filed by
the defendants 2 to 4 to set aside the ex parte decree, was being returned
by the learned Principal District Judge, Tuticorin, stating as to how the
petition was maintainable as the suit had been disposed of after full trial.
The papers have been represented by the petitioners stating that the
matter may be called in the open Court.
3.The learned Judge once again returned the papers on 27.04.2021
with the same query. It is seen that the petitioners instead of complying
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C.R.P(PD)(MD) No.1823 of 2021
with the return has been only asking the Court to post the matter in the
open court.
4.In these circumstances, this Civil Revision Petition is disposed
of with a direction to the petitioners to represent the papers giving a
detailed clarification as to how this petition was maintainable, despite the
fact that the suit has been disposed of after full trial. One of the reasons
which has been stated before this Court, is that the decree has been
passed against the dead persons, since the first defendant had passed
away on 19.04.2017 much before passing the judgment in O.S.No.35 of
2014 and his legal representatives have not been brought on record.
Therefore, the petitioners would state that the decree is nullity. These
factors have not been stated while representing the papers. If the learned
Judge is not convinced with the reasons given in the representation
papers, he shall call the matter in the open Court, hear the parties and
thereafter, pass orders in the unnumbered I.A., either to number it or to
reject the same. This procedure shall be concluded within a period of
two weeks from the date production of copy of this order. The
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C.R.P(PD)(MD) No.1823 of 2021
petitioners shall take a return and represent the papers before the learned
Principal District Judge, Tuticorin, within one week from the date of
receipt of a copy of this order. No costs. Consequently, connected
miscellaneous petition is closed.
5. Registry is directed to return the original papers to the
petitioners, after getting necessary acknowledgements.
24.11.2021
Index :Yes/No
Internet :Yes/No
cp
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
To:-
The Principal District Judge,
Tuticorin.
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C.R.P(PD)(MD) No.1823 of 2021
P.T.ASHA, J.
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C.R.P (PD)(MD)No.1823 of 2021
24.11.2021
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