C.S.Sanjay Reddy vs Kennel Club Of India
2022 Latest Caselaw 8413 Mad

                                                                C.R.P.(NPD) Nos.302 & 304 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 21.04.2022

                                        CORAM : JUSTICE N.SESHASAYEE

                                         C.R.P.(NPD) Nos.302 & 304 of 2022
                                       andC.M.P.Nos.1435, 1438 & 7048 of 2022



                     C.S.Sanjay Reddy               ... Petitioner / Respondent / Plaintiff

(in both Revisions)

Vs.

1.Kennel Club of India Rep by its Secretary C.V.Sudarsan No.28, AA Block, I Street Anna Nagar Chennai – 600 040.

2.C.V.Sudarshan Secretary cum Treasurer Kennel Club of India No.28, AA Block, I Street Anna Nagar Chennai – 600 040.

3.Gauri Nargolkar

4.Indian Kennel Gazette, (IKG) No.28, AA Block, First Street Anna Nagar, Chennai – 600 040.

... Respondents / Petitioners / Defendants 1,3 to 5

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

C.R.P.(NPD) Nos.302 & 304 of 2022

5. The Chairman Kennel Club of India No.28, AA Block, First Street Anna Nagar Chennai – 600 040.

.. Respondent / 2nd Respondent / 2nd Defendant (in both Revisions)

Common Prayer : Civil Revision Petitions filed under Article 227 of the Constitution of India, praying to set aside the judgment and decree dated 16.12.2021 made in I.A.No.7 of 2021 and I.A.No.8 of 2021 in O.S.No.7961 of 2021 passed by the II Assistant City Civil Court, Chennai.

For Petitioner : Mr.S.L.Sudarsanam For Respondents : Ms.Mythili Srinivas [R1] Mr.N.Senthil [R3]

COMMON ORDER

These two revisions arise out of two separate applications filed by the

plaintiff. They are : (a) challenging the order passed by the trial Court in

partly allowing the application filed under Section 8 of the Arbitration and

Conciliation Act, taken out by the defendants in I.A.No.7/2021 in

O.S.No.7961/2021; and (b) against the order passed in I.A.No.8/2021 filed

by the defendants in rejecting the plaint under Order VII Rule 11 CPC.,

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

C.R.P.(NPD) Nos.302 & 304 of 2022

2. Heard both sides. Of the two CRPs, C.R.P.No.304/2022 arises out of

the order rejecting the plaint, passed in I.A.No.8 of 2021. Since the

rejection of the plaint is a decree within the meaning of Section 2(2) CPC,

only an appeal with lie, and not a revision under Article 227 of the

Constitution of India. Turning to C.R.P.No.302/2022 is concerned, unless

the plaint is restored by the appellate Court, there is nothing this Court can

consider at present.

3. Accordingly, C.R.P.No.302/2022 is closed, and C.R.P.No.304/2022 is

dismissed. The revision petitioner is at liberty to prefer an appeal rejecting

the plaint, if he is so desirous. No costs. Consequently, connected

miscellaneous petitions are closed.

21.04.2022

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

ds

To:

The Judge II Assistant City Civil Court Chennai.

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

C.R.P.(NPD) Nos.302 & 304 of 2022

N.SESHASAYEE.J.,

ds

C.R.P.(NPD) Nos.302 & 304 of 2022

21.04.2022

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