Madras High Court
Bakthavatchalam vs Vittabai on 1 November, 2022
C.R.P.No.3469 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.No.3469 of 2022
and
C.M.P.No.18497 of 2022
1. Bakthavatchalam
2. Lakshmanan
3. Narayani ... Petitioners
vs
1. Vittabai
2. Uma
3. Varadharajan
4. Moorthy
5. Dilli ... Respondents
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of
India, praying to set aside the refusal dated 27.06.2022 to entertain Review
Petition Sr.No.1838 of 2022 dated 01.06.2022 in A.S.No.3 of 2019 on the file
of Principal Subordinate Judge, Chengalpattu by allowing the above Civil
Revision Petition.
For Petitioner : Mr.V.Manohar
For Respondents : No Appearance
1/5
https://www.mhc.tn.gov.in/judis
C.R.P.No.3469 of 2022
ORDER
The Civil Revision Petition has been filed challenging the Order of
Return dated 27.06.2022 made in Rev.App.SR.No.1838 of 2022.
2. The petitioner herein filed a Review Application seeking to review the
judgment and decree passed in A.S.No.3 of 2019 dated 23.03.2022.
3. The Review Application was filed on 01.06.2022 and the same was
returned by the court below with an endorsement, directing the petitioner to
explain how the petition was maintainable, when the case was decided on
merits after giving sufficient time for arguments. Thereafter, the petitioner has
come up by way of this revision.
4. When the court below returns the papers pointing out certain defects, it
is for the petitioner to re-present the papers after curing the defects. Without
adopting such method, the petitioner has rushed to this Court by way of
revision.
https://www.mhc.tn.gov.in/judis
C.R.P.No.3469 of 2022
5. In view of the facts and circumstances, this Court is inclined to isssue
a direction to the petitioner to re-present the returned papers in
Rev.App.SR.No.1838 of 2022, within a period of three weeks form the date of
receipt of a copy of this order, explaining the court how the review application
is maintainable before the Court below. If the Court is satisfied with the
explanation given by the petitioner, it shall number the same and dispose of it
in accordance with law. If the Court is not satisfied with the reasoning given by
the petitioner, the matter shall be called in open Court and the petitioner shall
be afforded with an opportunity to put forth this case and thereafter, the Court
shall pass a considered order in accordance with law.
6. With these observations, the Civil Revision Petition stands disposed
of. No costs. Consequently, connected miscellaneous petition is closed.
01.11.2022
Index : Yes / No
Internet : Yes / No
rgm
Note: Registry is directed to return the original
Rev.App.SR.No.1838 of 2022.
https://www.mhc.tn.gov.in/judis
C.R.P.No.3469 of 2022
to the counsel for the petitioner.
https://www.mhc.tn.gov.in/judis
C.R.P.No.3469 of 2022
S.SOUNTHAR , J.
rgm
To
The Principal Subordinate Judge,
Chengalpattu
C.R.P.No.3469 of 2022
and
C.M.P.No.18497 of 2022
01.11.2022
https://www.mhc.tn.gov.in/judis
