Poonkodi vs Andal
2023 Latest Caselaw 8641 Mad

                                                                1

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated :       19.07.2023

                                                             CORAM

                              THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN

                                                     C.R.P.No.3584 of 2016
                                                             and
                                                    C.M.P.No.18288 of 2016


                     Poonkodi                                   ...Petitioner


                                                              Vs.


                     1.Andal
                     2.Pushparaj                                ...Respondents


                     Prayer:Civil Revision Petition filed under Article 227 of the Constitution

                     of India to allow this Civil Revision Petition against the order dated

                     23.06.2016 passed in I.A.No.17 of 2015 in A.S.No.40 of 2014 on the file of

                     the II Additional Subordinate Judge, Cuddalore.

                                  For Petitioner         :      Mr.R.Gururaj.
                                  For Respondents        :




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


                                                             ORDER

This Civil Revision Petition arises against an order dated 23.06.2016

passed in I.A.No.17 of 2015 in A.S.No.40 of 2014 on the file of the II

Additional Subordinate Judge, Cuddalore, whereby the cause title given in

A.S.No.40 of 2014 with respect to the name of the parties before the Trial

Court was corrected. There is no dispute that A.S.No.40 of 2014 was

preferred against the judgment and decree in O.S.No.336 of 2009 dated

28.03.2014.

2. It transpires that during the typing of the decree, the cause title of

another case has been incorporated and therefore, an application was filed

under Section 152 to correct the cause title. Similarly the operative portion

also was missing and hence that has been brought on line with the

judgment. On the face of it, is a typographical error which is capable of

correction under Section 152.

3.Mr.R.Gururaj, learned counsel for the petitioner brings to my notice

that as against the decree in A.S.No.40 of 2014, a regular Second Appeal

has been preferred in S.A.No.82/2015 and that is pending consideration

before the court. The appeal seems to have been filed against allowing of

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the first appeal and decreeing the suit.

4.Insofar as this CRP is concerned, having come to the conclusion

that there is only a typographical error, I do not find any error in the order of

the court below. The CRP consequentially is dismissed. The petitioner is

always entitled to agitate on the correctness or otherwise of the judgmet on

the decree dated 27.10.2014 in A.S.No.40 of 2014 in S.A.No.82 of 2015.

5.With the above observations this Civil Revision Petition stands

dismissed. No Costs. Connected Civil Miscellaneous Petition is closed.

                                                                                          19.07.2023




                     Index             : Yes/No
                     Neutral Citation Case : Yes/No
                     nst




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





                                                     V.LAKSHMINARAYANAN,J,


                                                                            nst




                     To:

                     The
                     2nd Additional Sub Judge,
                     Cuddalore.




                                                          C.R.P.No.3584 of 2016
                                                                            and
                                                         C.M.P.No.18288 of 2016




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



                                      19.07.2023




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