Civil Revision Petition challenging an order permitting a power agent to represent the respondent in a money recovery suit. The High Court found no infirmity in the lower court's decision and dismissed the petition.
Civil Revision Petition stands dismissed. Connected miscellaneous petition closed. No order as to costs.
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.No.2565 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2023
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.No.2565 of 2019 and C.M.P.No.16875 of 2019
Veera Pugalendhi
Vs.
Nagarajan Rep by his Power Agent Dhanalaxmi ... Respondent
Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.753 of 2018 in O.S.No.191 of 2017 dated 31.10.2018 on the file of the learned Subordinate Court at Jayankondam and allow the Revision.
For Petitioner : Mr.S.Vijaya
For Respondent : Ms.M.Senthilvadivu
ORDER
This Civil Revision Petition has been filed as against the fair
and decreetal order dated 31.10.2018, passed by the learned Subordinate
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C.R.P.No.2565 of 2019
Judge, Jayankondam, in I.A.No.753 of 2018 in O.S.No.191 of 2017, thereby allowing the petition filed by the respondent to permit the power agent to represent on behalf of the respondent in the suit.
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C.R.P.No.2565 of 2019
original plaintiff is examined, the truth will be come out. On a perusal of the affidavit filed in support of the petition in I.A.No.753 of 2018 revealed that the Power of Attorney is none other than her own sister of the respondent and she knows about the transaction between the petitioner and the respondent herein. Further the respondent also suffering from his age ailments and therefore, the trial Court rightly allowed the petition and this Court finds no infirmity or illegality in the order passed by the Court below.
Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
10.01.2023
Internet : Yes Index : Yes/No Speaking order/Non-speaking order
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C.R.P.No.2565 of 2019
G.K.ILANTHIRAIYAN, J.
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To
C.R.P.No.2565 of 2019 and C.M.P.No.16875 of 2019
10.01.2023
Page 4 of 4
1 issue framed by the court
Whether the Subordinate Court committed any infirmity or illegality in allowing a power holder to represent the respondent in a suit for money recovery.
Veera Pugalendhi
Nagarajan
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
