Madras High Court
) Elanchiyam vs Chandra on 14 August, 2023
C.R.P.(PD) (MD)No.361 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
C.R.P.(PD) (MD)No.361 of 2019
and
C.M.P(MD)No.1746 of 2019
1) Elanchiyam
2) Chithravalli : Petitioners
Vs.
Chandra
: Respondents
PRAYER: Civil Revision Petition has been filed under Article 227 of the
Constitution of India to direct the District Munsif, Thiruvadanai to number
I.A.SR.No.1388 of 2018 in O.S.No.56 of 2015 on the file of the District
Munsif Court, Thiruvadanai.
For Petitioners : Mr.A.Rajaram
For Respondent : Mr.M.Kannan
1/5
https://www.mhc.tn.gov.in/judis
C.R.P.(PD) (MD)No.361 of 2019
ORDER
The petitioners/defendants has filed the present Civil Revision
Petition seeking a direction to the learned District Munsif, Thiruvadanai to
number I.A.SR.No.1388 of 2018 in O.S.No.56 of 2015.
2. The learned counsel for the petitioners/would submit that on
18.01.2016, the learned District Munsif, Thiruvadanai passed an exparte
Judgment and Decree in O.S.No.56 of 2015. Hence, the
petitioners/defendants moved an application for condonation of delay of
968 days. The trial Court, without numbering the said application, returned
the same with an endorsement as follows:-
“O.S.No.56/2015 was disposed of on 18.01.2016, the
same was consignment in II term 2015 D.No.624/16 dated
24.05.2016 to the Principal District Court, Ramnad and E.P.
01/2017 was pending against in O.S.56/2015. Hence,
returned. Time 2 weeks.”
3. From the above notings, it is crystal clear that only because of the
reason that all the records having been consigned to the Principal District
https://www.mhc.tn.gov.in/judis
C.R.P.(PD) (MD)No.361 of 2019
Court, Ramnad, the application seems to have been not numbered. Since
the very prayer sought for before this Court is numbering of the application
filed under Section 5 of the Limitation Act, this Court, without going into
the merits of the matter, is inclined to allow this petition.
4. In the result, this Civil Revision Petition is allowed. The learned
District Munsif, Thiruvadanai is directed to number the said I.A.SR.No.
1388 of 2018 in O.S.No.56 of 2015, if it is represented within a period of
four weeks from the date of receipt of a copy of this order and dispose of the
same in accordance with law. No costs. Consequently, connected
miscellaneous petition is closed.
14.08.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes
skn
Note :Registry is directed to return the
original application I.A.SR.No.1388 of 2018, after retaining a
copy of the same.
https://www.mhc.tn.gov.in/judis
C.R.P.(PD) (MD)No.361 of 2019
To
1.The District Munsif, Thiruvadanai.
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R.P.(PD) (MD)No.361 of 2019
C.KUMARAPPAN, J.
skn
C.R.P.(PD) (MD)No.361 of 2019
and
C.M.P(MD)No.1746 of 2019
14.08.2023
https://www.mhc.tn.gov.in/judis
