High Court dismissed a Civil Revision Petition filed to strike off a plaint as infructuous because the suit had already been dismissed as withdrawn by the lower court with liberty to file a fresh suit.
Petition dismissed as infructuous; connected Miscellaneous Petition closed; liberty given to proceed with other challenge to the withdrawal order.
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.1432 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.R.P.(PD).No.1432 of 2016 and C.M.P.No.7869 of 2016
S.Moosa .. Petitioner
Vs.
.. Respondents
Prayer : This Civil Revision Petition is filed under Article 227 of the Constitution of India, to strike off the plaint in P.O.P.No.131 of 2015 dated 13.07.2015 on the file of the Principal District Court, Villupuram.
For Petitioner : Mr.N.A.Nissar Ahmed For RR 1 & 2 : Mr.K.Sridhar For R4 : No appearance For R6 : Mr.D.Gopal Government Advocate (CS) O R D E R
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(The matter is heard through “Video Conferencing”.) This Civil Revision Petition is filed to strike off the plaint in
P.O.P.No.131 of 2015 dated 13.07.2015 on the file of the Principal District
Court, Villupuram.
2.Pending Civil Revision Petition, the respondents 1 & 2 have filed I.A.No.381 of 2021 under Order XXIII Rule 1(3) of the Code of Civil Procedure to permit them to withdraw the main P.O.P. with liberty to file a fresh suit on the same cause of action.
3.The learned Principal District Judge, Villupuram, by the order dated 24.09.2021 allowed the I.A.No.381 of 2021 and granted liberty to respondents 1 & 2 to file a fresh suit on the same cause of action.
4.The learned counsel appearing for the petitioner submitted that at the time of admission of Civil Revision Petition, this Court granted interim stay of further proceedings in P.O.P.No.131 of 2015. Inspite of order of stay granted by this Court, the Lower Court has granted permission to the respondents 1 &
2 to withdraw the P.O.P.No.131 of 2015 and granted liberty to file a fresh P.O.P. on the same cause of action. The learned counsel further submitted
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that he has filed C.R.P.No.3040 of 2021 challenging the order dated
24.09.2021 made in I.A.No.381 of 2021.
5.Considering the fact that suit has already been dismissed as withdrawn, the present Civil Revision Petition has become infructuous. However, it is open to the petitioner to proceed with the C.R.P. filed by him challenging the order dated 24.09.2021 passed in I.A.No.381 of 2021 and if he succeeds in the C.R.P., liberty is given to restore the C.R.P.
6.With the above observations, this Civil Revision Petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is closed. No costs.
05.01.2022
krk Index : Yes / No Internet : Yes / No
To
The learned Principal District Judge, Villupuram.
V.M.VELUMANI, J.
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1 issue framed by the court
Whether the Civil Revision Petition is maintainable after the suit has already been dismissed as withdrawn.
S.Moosa
Sartaj Begum
Jeelani Begum
Amirjaan
Kamal Basha
Saleem
V.M.VELUMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
