P. Chinniah v. Vasuki
Case brief
What is this about?
The Madurai Bench allowed the Civil Revision Petition and remitted the execution application under Section 47 of CPC to the Additional District Munsif for fresh consideration and a detailed order due to the non-speaking nature of the impugned dismissal order.
What did the court decide?
Civil Revision Petition allowed; E.A.No.21 of 2009 remitted to Additional District Munsif, Karaikudi for fresh consideration with detailed order within three months.
What the court decided
C.R.P.(PD)(MD)No.858 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 16.10.2019
CORAM
THE HONOURABLE MS. JUSTICE P.T.ASHA
C.R.P.(PD)(MD)No.858 of 2011 and M.P.(MD)No.1 of 2011
1.P.Chinniah 2.A.Subbiah 3.V.R.Karuppiah 4.R.M.Muruges 5.R.S.P.Baskar .. Petitioners/3rd Party
Vs.
1.Vasuki
2.V.Karuppiah
3.V.Lakshmanan Aasari
4.P.Subbiah .. Respondents/Petitioner/ Plaintiff/Respondents
Prayer : This Civil revision petition is filed under Section 115 of Civil Procedure Code, to call for the records relating to the fair and decreetal order dated 22.03.2011 in E.A.No.21 of 2009 in E.P.No.74 of 2008 in O.S.No.77 of 1996 on the file of the Additional District Munsif, Karaikudi and to set aside the same.
Issues for consideration
2 issues framed by the court
Whether the impugned non-speaking order dismissing the execution application under Section 47 of CPC calling for records under Section 115 of CPC can be sustained for lack of reasons.
Whether the claimants who were not parties to the original suit should be bound by the decree passed in the suit filed against defendants in a representative capacity.
Parties & counsel
- petitioner
P. Chinniah and Others
- respondent
Vasuki
Coram
P.T. Asha
Case details
As recorded by the court registry
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