Writ petition challenging the procedure in a civil suit. Court found no infirmity in treating it as a regular suit but directed the trial judge to dispose of pending proceedings within six months. Petition dismissed.
No costs. Trial court directed to dispose of suit within six months. Connected MP closed.
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 OF MADRAS
DATED: 02.01.2019
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
C.R.P. (PD).No.2701 of 2015
and
M.P.No.1 of 2015
Basheera Gani .. Petitioner
vs.
Usha .. Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the whole procedure followed by the IV Additional District and Sessions Court, Ponneri in O.S.No.106 of 2013 and direct the disposal of the suit strictly in accordance with the provisions of Order 37 of Civil Procedure Code.
For Petitioner : Mr.J.Deliban For Respondent : Mr. M.Ravibharathi O R D E R
This Civil Revision Petition has been filed against the procedure
followed by the IV Additional District and Sessions Court, Ponneri in O.S.No.106 of 2013 and to direct the IV Additional District and
Sessions Judge, Ponneri to dispose of the suit in accordance with the http://www.judis.nic.in
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provisions of Order 37 of C.P.C.
contemplated under Order 37 of Civil Procedure Code for conducting of summary suit proceedings has not been followed and that the trial
court was not justified in getting along with the proceedings as a regular suit.
the respondent, a copy of suit summon, which is produced before this Court has not been issued in the required format as prescribed in Appendix B, Form No. IV and that the summons issued to the respondent herein is in the form of regular suit.
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Judge, Ponneri shall endeavour to dispose of the suit proceedings as expeditiously as possible preferably, within a period of six months from the date of receipt of a copy of this order.
The IV Additional District and Sessions Court, Ponneri.
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M.S.RAMESH, J.
vrn
C.R.P. (PD).No.2701 of 2015
02.01.2019
2 issues framed by the court
Whether the trial court committed an infirmity by treating a summary suit under Order 37 CPC as a regular suit trial.
Whether the High Court should interfere to direct the disposal of a suit pending since 2013 within a specific timeframe.
3 provisions across 2 enactments
Basheera Gani
Usha
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
