The High Court Civil Revision Petition was dismissed. The court held that incidental suits for permanent injunction claiming title are not maintainable and therefore do not deserve to be on the file, rendering restoration of the suit unnecessary.
Civil Revision Petition dismissed; order refusing restoration upheld; connected miscellaneous petition 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P.(NPD)No.169 of 2018 and C.M.P.No.24702 of 2019
Alice Bessy Mathew Represented by Power of Attorney L.J.Mathew
.. Petitioner/ Plaintiff
Vs. Eby Thomas ..Respondent/ Defendant
PRAYER: Civil Revision Petition filed under Section 115 of Civil Procedure Code, praying to set aside the order dated 16.11.2017 in I.A.No.1696 of 2016 in O.S.No.204 of 2008 passed by Additional District Munsiff Court, Alandur and allow the said I.A.No.1696 of 2016.
For Petitioner : No appearance
For Respondent : Mr.G.Vijayakumar for R2
ORDER
This matter is taken up for hearing through VideoConferencing.
2. Though this Revision is against the order refusing the condonation of delay of 1191 days in seeking to restore the suit. I find from the prayer in the suit which reads as follows:
“To restrain the defendant his men, agents, assigns, representatives from alienating or in any manner encumbering the suit schedule property by an order of permanent injunction and for costs.”
that the suit itself is not maintainable.
no need for restoration of the same. No costs. Consequently, the connected miscellaneous petition is closed.
sd/
ASSISTANT REGISTRAR
/TRUE COPY/
SUB-ASSISTANT REGISTRAR
dsa
To
1. The Additional District Munsiff, Alandur.
2. The Section Officer, V.R.Section, High Court of Madras.
C.R.P.No.169 of 2018
and
C.M.P.No.24702 of 2019
RLD(CO)
NS-19/12/2020
3 issues framed by the court
Whether a civil revision petition against an order refusing condonation of delay in seeking restoration of a lawsuit deserves to be allowed.
Whether the suit for permanent injunction over suit schedule property is maintainable against the defendant.
Whether the subject matter of the suit requires the file of the court.
1 provisions across 1 enactments
Alice Bessy Mathew
Eby Thomas
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
