A.Martin v. C.Rani
Case brief
What is this about?
High Court on revision held that since the petitioner participated effectively in the trial, the remedy lies in a regular appeal. A civil revision petition filed under Article 226 directly against a decree on merits was declared not maintainable and was dismissed.
What did the court decide?
Civil Revision Petition dismissed; no costs; registry directed to return original judgment and decree.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.08.2017
C O R A M
THE HONOURABLE MR.JUSTICE M. GOVINDARAJ
C.R.P.(NPD) NO.2842 OF 2017
A. Martin ... Petitioner
Vs.
1. C.Rani
2. C.Dhanasekar
3. C.Mathimalar
4. Minor, Pooja
5. Minor, Suriya
The minors represented by their guardian
cum mother Mrs. C.Mathimalar
(3 rd Respondent herein) ... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the Decree and Judgment dated 07.02.2017 passed in O.S.No. 82 of 2012 on the file of III Additional District Judge, Tiruvellore @ Poonamalle.
For Petitioner : Mr.A. Martin Petitioner - in - Person
2
O R D E R
Issues for consideration
2 issues framed by the court
Whether a civil revision petition under Article 226 is maintainable when a party has already availed the right of appeal against a decree on merits.
Whether the High Court can interfere under Article 226 when the party has participated effectively in the trial.
Parties & counsel
- petitioner
A. Martin
- respondent
C. Rani
- respondent
C. Dhanasekar
- respondent
C. Mathimalar
- respondent
Pooja
- respondent
Case details
As recorded by the court registry
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