Madras High Court
Santhi vs Kannan ...1St on 3 March, 2022
C.R.P(MD).No.1928 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :03.03.2022
CORAM:
THE HONOURABLE MRS. JUSTICE S.ANANTHI
C.R.P(MD).No.1928 of 2021
and
C.M.P(MD)No.10384 of 2021
Santhi ...Petitioner/1st Defendant
Vs.
1. Kannan ...1st Respondent/Plaintiff
2. The Commissioner,
Devkottai Municipality,
Devakottai,
Sivagangai District. ... 2nd Respondent/2nd Defendant
PRAYER : This Civil Revision Petition is filed under Section 227 of the
Constitution of India, to call for the records relating to the fair and decreetal
order dated 25-10-2021 passed in I.A.No.09 of 2021 in O.S.No.74 of 2017,
on the file of the District Munsif, Devakottai.
For Petitioner : Mr.V.R.Shanmuganathan
For Respondents : No Appearance
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https://www.mhc.tn.gov.in/judis
C.R.P(MD).No.1928 of 2022
ORDER
This Civil Revision Petition has been filed to set aside the fair and
decreetal order dated 25-10-2021 passed in I.A.No.09 of 2021 in O.S.No.74
of 2017 on the file of the District Munsif, Devakottai.
2.I.A.No.09 of 2021 was filed by the first respondent/plaintiff under
Order 23 Rule 1 r/w Section 151 of Civil Procedure Code for withdrawal of
suit. The trial Court discussed the judgment of the Hon'ble Supreme Court
in the case of Anil Kumar Singh Vs.Vijay Pal Singh reported in (2018) 12
SCC 584. But no reason has been assigned by the trial Court to give liberty
to withdraw the case to the first respondent/plaintiff. When a plaintiff files
an application for simple withdrawal of suit under sub-rule (1), he does so
as a matter of his right and the defendant cannot compel the plaintiff to
prosecute the suit. But, if the Court decided to file a fresh suit all the
objection raised by the revision petitioner has to be considered and pass
orders on merits. In I.A.No.09 of 2021, the learned District Munsif,
Devakottai, has not considered any of the objection of the revision
petitioner.
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https://www.mhc.tn.gov.in/judis
C.R.P(MD).No.1928 of 2022
3.Therefore, the fair the decreetal order dated 25.10.2021 made in
I.A.No.09 of 2021 in O.S.No.74 of 2017 passed by the learned District
Munsif, Devakottai is hereby set aside. Accordingly, the case is remitted
back to the learned District Munsif, Devakottai for fresh consideration.
The learned Judge is directed to consider the objection raised by the
revision petitioner and to decide the matter. No costs. Consequently,
connected miscellaneous petition is closed.
03.03.2022
Index : Yes / No
Internet : Yes / No
vsd
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 District Munsif,
Devakottai.
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https://www.mhc.tn.gov.in/judis
C.R.P(MD).No.1928 of 2022
S.ANANTHI, J.
vsd
C.R.P(MD).No.1928 of 2021
and
C.M.P(MD)No.10384 of 2021
03.03.2022
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https://www.mhc.tn.gov.in/judis
