Nagamani vs C.S. Srinivasan
2023 Latest Caselaw 10983 Mad

                                                                                   Rev. Appl. No. 168 of 2023
                                                                                  against S.A.No. 235 of 2008

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 22.08.2023

                                                           CORAM

                              THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

                                                Rev. Appl. No. 168 of 2023
                                                         against
                                                  S.A.No. 235 of 2008

                     Nagamani,
                     W/o.late Moovendan                                     ... Review Applicant

                                                        Versus

                     1. C.S. Srinivasan

                     2. Jothi                                               ... Respondents

                     Prayer:- Review Application has been filed under Order 47 Rule 1 r/w

                     Sec.114 of Civil Procedure Code, against the judgment and decree dated

                     06.09.2010 passed by Hon'ble Mr. Justice M.Jayapal in S.A.No.235 of

                     2008.

                                     For Petitioner              : Mr.R.Lakshminarayanan

                                     For Respondents             : Mr.R.Prakash for R1

                                                                  Mr.S.S.Jayaseelan for R2


                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                  Rev. Appl. No. 168 of 2023
                                                                                 against S.A.No. 235 of 2008




                                                         ORDER

The Review Applicant is the appellant in the Second Appeal and he

has filed this Review Application to review the judgment dated 06.09.2010

passed in S.A.No.235 of 2008.

2. Today, when the matter came up for hearing,

Mr.R.Lakshminarayanan, learned counsel for Review Applicant would

submit that while discussing the issue in para 6, the learned judge erred in

accepting the allegation of the respondent herein that the Ex.A1 document

was paid before the Suit Registrar of Assurance and also failed to note the

absence of such endorsement in the document in his presence, thereby his

contention was not properly appreciated by the learned judge. So, the 2 nd

defendant filed the present Review Application to review the entire findings

in the Second Appeal.

3. As the Review Applicant wanted to review the entire findings of

this court in the above Second Appeal, which would not come under the

https://www.mhc.tn.gov.in/judis Rev. Appl. No. 168 of 2023 against S.A.No. 235 of 2008

scope of Review Application. If at all, the plaintiff is aggrieved by the

findings of this court in the Second Appeal, he has to approach the higher

forum as per manner known to law. So, I do not find any error on the face of

record or to review the findings in the judgment passed by this court in

S.A.No.235 of 2008 and hence, the Review Application is liable to be

dismissed. Accordingly, this Review Application is dismissed. No costs.

22.08.2023 rpp

https://www.mhc.tn.gov.in/judis Rev. Appl. No. 168 of 2023 against S.A.No. 235 of 2008

T.V.THAMILSELVI, J.

rpp

Rev. Appl. No. 168 of 2023 against S.A.No. 235 of 2008

22.08.2023

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