Civil Revision Petition filed under Article 226 challenging a dismissal of an application under Order 7 Rule 11 CPC. Petitioner sought withdrawal of the revision with liberty to raise limitation as a preliminary issue in the underlying suit.
Civil Revision Petition dismissed as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2017
CORAM
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
CRP.PD.No.3498 of 2017
and
C.M.P.No.16262 of 2017
A.Sarangan ... Petitioner
Vs.
1. CRB Welfare Association,
Rep. by its President
R.P.Subramanian
Chengalvarayan Street,
Swarna Maligai,
No.6, Reddy Colony,
Ramalingapuram,
Chennai - 600 012.
2. The Commissioner,
Corporation of Chennai,
Ripon Buildings,
Chennai - 600 003.
3. The Tahsildar,
Perambur-Purasaiwakkam Taluk,
Perambur,
Chennai - 600 011.
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Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India against fair and and final orders passed in I.A.No.6538 of 2012 on 18.07.2016 in O.S.No.8837 of 2011 on the file of the XVII Assistant Judge, City Civil Court, Chennai.
For Petitioner : Mr.M.Saravana Kumar O R D E R
The learned counsel for the petitioner would submit that
the suit in O.S.No.8837 of 2011 filed by the first respondent is barred by limitation. Hence, the petitioner filed an application in I.A.No.6538 of 2012 under Order 7 Rule 11 of the Civil Procedure Code. Without considering the issues raised in the above application and without properly appreciating the case of the
petitioner, the court below has dismissed the application. The learned counsel for the petitioner would further submit that the
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main contention of the petitioner in the above application is barred by limitation. In support of that, the petitioner has also relied upon the decision of this Court. At this stage, the petitioner seeks withdrawal of the present Civil Revision Petition with liberty to raise the limitation issue as the preliminary issue before the trial court in the said suit.
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D. KRISHNAKUMAR J.
lok
To
The XVII Assistant Judge,
City Civil Court,
Chennai.
CRP.PD.No.3498 of 2017
and
C.M.P.No.16262 of 2017
04.10.2017
2 issues framed by the court
Whether the Civil Revision Petition claiming a suit was barred by limitation should be dismissed when the petitioner seeks withdrawal with liberty to raise the issue preliminarily.
Whether the trial court's dismissal of an application under Order 7 Rule 11 without considering issues was error warranting revision.
2 provisions across 2 enactments
A.Sarangam (Note: Text reads ASarangan)
CRB Welfare Association
The Commissioner, Corporation of Chennai
The Tahsildar, Perambur-Purasaiwakkam Taluk
Nammalwar Co-operative Society
D. KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
