This order dismisses a Civil Revision Petition challenging an interim order which remitted a respondent's application to condone delay and implead legal heirs. The High Court held there was no error in the lower court proceedings. Consequent petitions were closed.
The Civil Revision Petition was dismissed. Connected Misc. Petition was closed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2018
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
Civil Revision Petition (PD) No.4279 of 2017
and
C.M.P.No.20117 of 2017
1.K.Kannaki
2.V.Vijaykumar ... Petitioners/Respondents
..Vs..
K.Kalimuthu(Deceased)
K.Ilango ... Respondent/Petitioner
Prayer: This Civil Revision Petition has been filed under Article 227 of Constitution of India, against the Order and Decreetal dated 10.08.2017 made in I.A.No.384 of 2017 in O.S.No.23 of 2016 passed by the learned Principal District Judge, Chengelpet.
For petitioners : Mr.S.Sathishrajan For Respondent : Mr.K.J.Parthasarathy
O R D E R
Challenging the fair and decretal order dated 10.08.2017 in
I.A.No.384 of 2017 in O.S.No.23 of 2016 on the file of the Principal District
Judge, Chengelpet, the present Civil Revision Petition has been filed.
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3.The learned counsel for the respondent would submit that pursuant to the order passed by the Principal District Judge, Kancheepuram District, at Chengalpattu, in I.A.No.384 of 2017 in O.S.No.23 of 2016, the respondent has filed Applications in I.A.No.1277 to 1279 of 2017 before the Court below to condone the delay, to bring on L.R's of the deceased legal heir and to set aside application and the same has been pending. Therefore, there is no error or irregularity in the order passed by the Court below.
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06.02.2018
nvi
To
The Principal District Judge, Chengelpet.
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D.KRISHNAKUMAR, J.,
nvi
Civil Revision Petition (PD) No.4279 of 2017 and
C.M.P.No.20117 of 2017
06.02.2018
2 issues framed by the court
Whether the order remittting the application to condone delay and implead heirs is erroneous and requires interference by revisional jurisdiction.
Whether the single-judge order allowing a fresh application after dismissing the impleadment prayed upon merits is legally sustainable.
K.Kannaki
V.Vijaykumar
K.Ilango
D.KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
