J.Kavitha vs S.Subramani
2023 Latest Caselaw 13777 Mad

                                                                           C.R.P.(MD)No.2610 of 2023

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 11.10.2023

                                                          CORAM:

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                               C.R.P.(MD)No.2610 of 2023
                                                         and
                                              C.M.P.(MD)No.13614 of 2023

                    J.Kavitha                                                   ... Petitioner/
                                                                                    Petitioner/
                                                                                    Appellant

                                                             Vs.

                    S.Subramani                                                 ... Respondent/
                                                                                    Respondent/
                                                                                    Respondent

                    Prayer : This Civil Revision Petition filed under Article 227 of the
                    Constitution of India, to set aside the ex-order and fair order dated
                    30.08.2023 made in I.A.No.1 of 2023 in A.S.No.1 of 2023 on the file of
                    the Sub Court, Periyakulam and allow the above Civil Revision Petition.

                                     For Petitioner           : Mr.J.Lawrance

                                                          ORDER

The Civil Revision is directed against the order passed in I.A.No.1

of 2023 in A.S.No.1 of 2023 dated 30.08.2023 on the file of the Sub

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2610 of 2023

Court, Periyakulam, dismissing the application filed under Order 41 Rule

5 C.P.C.

2. The respondent has filed a suit in O.S.No.130 of 2016 and

obtained a decree on 28.11.2022 in his favour. Aggrieved by the said

decree, the revision petitioner has filed an appeal in A.S.No.1 of 2023.

Pending appeal, the revision petitioner has filed the above application in

I.A.No.1 of 2023 to frame additional issues and to remand the matter to

the trial Court for fresh disposal. The learned Subordinate Judge, by

observing that the order for framing of additional issues cannot be passed

separately and it can be decided at the time of judgment, has ordered the

petition to be heard along with the main appeal.

3. As rightly observed by the learned Subordinate Judge, without

hearing the appeal, the question of framing of additional issues and the

question of remitting the case to the trial Court does not arise at all.

Hence, this Court is not inclined to interfere with the order passed by the

learned Subordinate Judge in I.A.No.1 of 2023 in A.S.No.1 of 2023 dated

30.08.2023.

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2610 of 2023

4. In the result, this Civil Revision Petition is dismissed.

Consequently, connected Miscellaneous Petition is closed. No costs.

11.10.2023 NCC :yes/No Index :yes/No Internet:yes/No csm

To

1. The Sub Court, Periyakulam.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.2610 of 2023

K.MURALI SHANKAR,J.

csm

Order made in C.R.P.(MD)No.2610 of 2023 and C.M.P.(MD)No.13614 of 2023

Dated : 11.10.2023

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