T.G.Srinivasan vs S.Prakash
2022 Latest Caselaw 6293 Mad

                                                                  1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 28.03.2022

                                                                Coram

                                       The Hon'ble Mr. Justice C.V.KARTHIKEYAN

                                                  C.R.P.PD.No.3005 of 2017
                                                            and
                                                   C.M.P.No.14126 of 2017


                     T.G.Srinivasan
                                                                      ... Petitioner/Petitioner/Defendant


                                                                 Vs.

                     S.Prakash
                                                                      ... Respondent/Respondent/Plaintiff


                                  Civil Revision Petition filed under Article 227 of the Constitution
                     of India, to set aside the docket order dated 07.08.2017 passed in I.A.No.
                     of 2017 in O.S.No.602 of 2015 by the XIII Assistant City Civil Court,
                     Chennai.


                                       For Petitioner      ..         No appearance

                                       For Respondent      ..         No appearance




https://www.mhc.tn.gov.in/judis
                                                             2

                                                         ORDER

There is no representation on either side. There was also no

representation even on the previous hearing date.

2.The revision petitioner was the defendant in O.S.No.602 of

2015 on the file of the XIII Assistant City Civil Court, Chennai.

3.This Civil Revision Petition has been filed by the revision

petitioner / defendant in the suit, questioning an order in an un-numbered

I.A of the year 2017, which Interlocutory Application had been filed

under Order 9 Rule 7 CPC to set aside the exparte order dated

03.08.2017 in O.S.No.602 of 2015. The said application was un-

numbered owing to the fact that it had been returned on the issue of

maintainability stating that the judgment had been pronounced in the

main suit and therefore, the application filed to set aside the exparte

order is not maintainable. Reasoning of the return is correct.

4.The Civil Revision Petition will not lie and the same is

dismissed. Consequently, connected Civil Miscellaneous Petition is

closed. No order as to costs.

28.03.2022 Internet:Yes/No Index:Yes/No smv

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

The XIII Assistant City Civil Court, Chennai.

https://www.mhc.tn.gov.in/judis C.V.KARTHIKEYAN,J.

Smv

C.R.P.PD.No.3005 of 2017 and C.M.P.No.14126 of 2017

28.03.2022

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