R.Muthukumarasamy v. R.Deivegam, S/O.Ramadoss
Case brief
What is this about?
High Court set aside a transfer order routing suits from a Munsif Court to a District Court, holding the court below exceeded jurisdiction for causing parties to lose their right of appeal.
What did the court decide?
Impugned transfer order set aside; suits remitted to Additional District Munsif Court, Virudhachalam to be disposed of within six months.
What the court decided
A compact analysis
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.
C.R.P.(PD) No.3097 of 2014 & M.P.No.1 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2019
C O R A M
THE HON'BLE Mr.JUSTICE ABDUL QUDDHOSE
C.R.P.(PD) No.3097 of 2014 &
M.P.No.1 of 2014
R.Muthukumarasamy ... Petitioner
Vs.
1.R.Deivegam
2.The Special Officer,
Sri Ambiga Sugars,
Erayur, Pennadam,
Tittagudi Taluk.
3.Ramadoss ... Respondents
(Respondents 2 & 3 are
given up as they remained
exparte)
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal orders dated 09.12.2013 in Tr.O.P.No.173 of 2012 on the file of the Principal District Court, Cuddalore.
For Petitioner ... Mr.T.Sezhian For Respondent 1 ... Ms.V.Suguna
1/6
C.R.P.(PD) No.3097 of 2014 &
Issues for consideration
2 issues framed by the court
Whether the High Court can exercise supervisory jurisdiction under Article 227 to set aside an order transferring suits from Munsif Court to District Court when the transfer causes loss of right of ap
Whether the transfer of suits from a Munsif Court to a District Court without considering the bar on loss of appeal constitutes an excess of jurisdiction.
Parties & counsel
- petitioner
R.Muthukumarasamy
- respondent
R.Deivegam
Coram
Abdul Qudhoose
Case details
As recorded by the court registry
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