Paramasivam v. Padmavathy
Case brief
What is this about?
The court dismissed the civil revision petition under Section 115 of the CPC as infructuous because the underlying suit, which the order sought to quash, was already dismissed pending the filing of the revision.
What did the court decide?
Civil Revision Petition dismissed as infructuous. Connected miscellaneous petitions closed.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2017
CORAM
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
C.R.P.(PD).No.58 of 2012 and M.P.Nos.1 and 2 of 2012
Paramasivam
.. Petitioner
Vs
1.Padmavathy 2.Minor Agalya
.. Respondents
Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code, to set aside the fair and decreetal order dated 13.09.2011 made in E.P.No.325 of 2010 in O.S.No.462 of 2004, on the file of the Principal District Munsif Court, Cuddalore, and allow the above Civil Revision Petition.
Issues for consideration
2 issues framed by the court
Whether the civil revision petition to set aside a decree is maintainable after the underlying suit is dismissed.
Whether the prayer in the civil revision petition has become infructuous following the dismissal of the suit.
Parties & counsel
- petitioner
Paramasivam
- respondent
Padmavathy
- respondent
Agalya
Coram
Case details
As recorded by the court registry
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