V.Arumugam vs Sri Visalam Chit Funds
2024 Latest Caselaw 21442 Mad

Madras High Court

V.Arumugam vs Sri Visalam Chit Funds on 11 November, 2024

                                                                             C.R.P(MD).No.151 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 11.11.2024

                                                       CORAM :

                                  THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

                                              C.R.P(MD)No.151 of 2023
                                                       and
                                              C.M.P.(MD)No.726 of 2023

                     V.Arumugam                                   ... Petitioner / 3rd Party
                                                          Vs


                     Sri Visalam Chit funds
                     represented by its Manager,
                     No.40-A, Salai Road,
                     Woraiyur, Trichy -3.                         ... Respondent / Plaintiff

                     Prayer : Civil Revision Petition is filed under Section 115 of Civil
                     Procedure Code to set aside the order dated 13.12.2022 made in
                     unnumbered E.A.SR.No.2952 of 2022 dated 15.09.2022 in E.PNo.37 of
                     2019 in O.S.No.730 of 2014 on the file of the District Munsif cum
                     Judicial Magistrate, Srirangam and consequently direct the District
                     Munsif cum Judicial Magistrate, Srirangam to take unnumbered
                     EA.Sr.No.2952 of 2022 dated 15.09.2022 on file.
                                     For Petitioners   : Mr.K.Prabhakar

                                     For Respondent : Mr.K.Sudalaiyandi



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                                                                                 C.R.P(MD).No.151 of 2023




                                                           ORDER

This Civil Revision Petition is filed to set aside the order dated

13.12.2022 made in unnumbered E.A.SR.No.2952 of 2022 dated

15.09.2022 in E.PNo.37 of 2019 in O.S.No.730 of 2014 on the file of the

District Munsif cum Judicial Magistrate, Srirangam and consequently

direct the District Munsif cum Judicial Magistrate, Srirangam to take

unnumbered EA.Sr.No.2952 of 2022 dated 15.09.2022 on file.

2. E.A.SR.No.2952 of 2022 was filed under Order 21 Rule 97 of

C.P.C., by the petitioner herein to implead a party, stating that he is the

third party purchaser prior to the suit from the judgment debtor. That

was rejected by the Execution Court in the SR stage itself, as not

maintainable.

3. Deciding the maintainability of the petition at the SR stage, is

not proper. On the sole ground, this Civil Revision Petition is liable to

be allowed.

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4. Accordingly, this Civil Revision Petition is allowed. There shall

be a direction to the learned District Munsif cum Judicial Magistrate,

Srirangam, to restore E.A.SR.No.2952 of 2022 on file. If anything to be

decided on the question of maintainability, that shall be decided on the

judicial side. The entire process be completed within a period of one

month from the date of receipt of a copy of this order, considering the

oldness of the suit. No costs. Consequently, connected miscellaneous

petition stands closed.

11.11.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No

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To

1.The District Munsif cum Judicial Magistrate, Srirangam.

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

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

G.ILANGOVAN, J.

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ORDER IN

and

11.11.2024

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