Madras High Court
Kr.Chellapperumal vs Srinivasan on 5 January, 2022
C.R.P.(MD) No.1434 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.01.2022
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P(MD)No.1434 of 2021
1.KR.Chellapperumal
2.R.Chandra
3.N.Kasturi ... Petitioners
Vs.
1.Srinivasan
A.Karuppiah Ambalam (died)
2.R.Krishnan
3.R.Rajaram
4.K.Palaniyappan
5.K.Renganathan
6.K.Lakshmi ... Respondents
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C.R.P.(MD) No.1434 of 2021
PRAYER:- Civil Revision Petition filed under Article 227 of
Constitution of India, to strike off judgement passed in O.S.No.47 of
2009 on the file of the learned Subordinate Judge, Devakottai in so far as
accepting the memo dated 11.03.2020 on entirely.
For Petitioners : Mr.VR.Shanmuganathan
For R1 : Mr.R.Sundar Srinivasan
For R6 : No appearance
For R2 to R4 : Given up
For R5 : Left
ORDER
The above civil revision petition is filed for the limited purpose of
clarifying that the withdrawal of the suit in O.S.No.47 of 2009 on the file
of the Sub Court, Devakottai by the plaintiff is simpliciter a withdrawal
and does not confer any right whatsoever on the plaintiff by virtue of a
sentence in the memo filed by the plaintiff for withdrawing the suit,
which reads as follows:-
S.No.324/6 y; cs;slf;fpa 324/7 thjpapd;
mDgtj;jpy; ,Ug;gjhf 2k; gpujpthjp bjhptpj;jjhy; jhth
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C.R.P.(MD) No.1434 of 2021
tHf;if ,e;j tHf;fpy; cs;s thjp nky;elj;j
tpUk;gtpy;iy. mjdhy; ,e;j tHf;if thg];
bgw;Wf;bfhs;fpwhh;. nkw;go tpguj;jpw;fhf ,e;j bknkh
jhf;fy; bra;ag;gLfpwJ.
2.The revision petitioners who are the defendants 2, 7 and 8 in the
above suit would submit that taking advantage of the judgment of
learned Subordinate Judge, Devakottai, wherein the learned Judge has
stated that the memo dated 11.03.2020 is recorded and accordingly the
suit is dismissed with cost as not pressed, has been taken advantage by
the plaintiff. The plaintiff is now trying to assert a non-existent right by
referring to the sentence in the memo which is extracted herein above.
3.After hearing both counsels, this Court is of the view that the
plaintiff after withdrawing a suit as not pressed, cannot claim any right
on the basis of an innocuous sentence that has been inserted in the memo.
The suit has been dismissed in toto as not pressed and the judgement
would read that the “Memo dated 11.03.2020 is recorded. Accordingly,
the suit is dismissed as follows. Therefore, the judgment is modified to
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C.R.P.(MD) No.1434 of 2021
the following extent by deleting the words “ The memo dated 11.03.2020
is recorded”:-
“The plaintiff has filed the memo stating not pressing
the suit. The suit is therefore dismissed as not pressed.”
4.The judgment shall therefore stand modified to the above extend.
Accordingly, this Civil Revision Petition is allowed. No costs.
05.01.2022
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.
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https://www.mhc.tn.gov.in/judis
C.R.P.(MD) No.1434 of 2021
To:-
The Subordinate Judge,
Devakottai.
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C.R.P.(MD) No.1434 of 2021
P.T.ASHA, J.
cp
C.R.P(MD)No.1434 of 2021
05.01.2022
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