In this revision petition challenging a court order, the court accepted the submission that reopening the original suit rendered the revision infructuous. The petition was dismissed as no longer maintainable, and the connected miscellaneous petition was closed.
Civil Revision Petition dismissed as infructuous; connected Civil 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.
C.R.P.(NPD).No.803 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C.R.P.(NPD).No.803 of 2016 and
C.M.P.No.4439 of 2016
(Through Video Conferencing) D.Premkumar .. Petitioner Vs. D.Mohandass .. Respondent
Prayer: Petition filed under Section 115 of Code of Civil Procedure, to set aside the Fair and Final order dated 22.09.2015 made in E.P.No.13 of 2015 in R.C.O.P.No.16 of 2013 on the file of the I Additional District Munsif Court at Erode.
For Petitioner : Ms.Revathy for Mr.R.Nalliyappan For Respondent : Ms.C.Meena
ORDER
The learned counsel for the Petitioner has submitted that since the original petition in R.C.O.P.No.16 of 2013 had already been re-opened in E.P.No.13 of 2015, nothing survives and hence this Civil Revision Petition
may be dismissed, as infructuous. In view of the same, recording the said 1/2
C.R.P.(NPD).No.803 of 2016
A.A.NAKKIRAN, J.
arb
submission of the learned counsel for the Petitioner, this Civil Revision
Petition is dismissed, as infructuous. No costs. Consequently, the
connected Civil Miscellaneous Petition is closed.
14.12.2020
arb
Internet: Yes/No
Index:Yes/No
To
The I Additional District Munsif Court,
Erode.
C.R.P.(NPD).No.803 of 2016
and
C.M.P.No.4439 of 2016
2/2
1 issue framed by the court
Whether a pending Civil Revision Petition becomes infructuous when the original petition has been re-opened by the lower court.
1 provisions across 1 enactments
D.Premkumar
D.Mohandass
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
