Revision allowed set aside impugned order permitting suit withdrawal without reasons or hearing held trial court must restore file allow counter statement enquiry and pass order in accordance with law
Trial court directed to restore petition afford opportunity to file counter statement conduct enquiry and pass orders in accordance with law
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C.R.P.(MD)No.2305 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.11.2023
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.R.P.(MD)No.2305 of 2023 and C.M.P.(MD)No.11876 of 2023
S.K.Swaminathan : Petitioner/Respondent/Defendant Vs.
S.Pushparani : Respondent/Petitioner/Plaintiff
Prayer : This Civil Revision Petition filed under Section 115 of C.P.C., to call for the records and set aside the fair and decreetal order, dated 27.07.2023 in I.A.No.4 of 2023 in O.S.No.611 of 2022 on the file of the learned District Munsif Court, Karaikudi, Sivagangai District.
For Petitioner : Mr.RM.Arun Swaminathan
For Respondent : Mr.A.Srinivasan
ORDER
The Civil Revision is directed against the order passed in I.A.No.4 of 2023 in O.S.No.611 of 2022, dated 27.07.2023 on the file of the learned District Munsif Court, Karaikudi, Sivagangai District, allowing the
C.R.P.(MD)No.2305 of 2023
petition filed under Order 23 Rule 1(3B) of C.P.C., permitting the respondents to withdraw the suit with liberty to file a fresh suit.
trial Judge.
Plaintiff/petitioner being the dominus litus wants to withdraw the suit with liberty to file fresh suit. Petition allowed. ”
C.R.P.(MD)No.2305 of 2023
application, in spite of the above endorsement, the learned trial Judge without giving any opportunity to file counter statement and without hearing the other side, passed the impugned order, allowing the petition.
15.11.2023
NCC :yes/No Index :yes/No Internet:yes/No das
C.R.P.(MD)No.2305 of 2023
To
C.R.P.(MD)No.2305 of 2023
K.MURALI SHANKAR,J.
das
Order made in C.R.P.(MD)No.2305 of 2023 and C.M.P.(MD)No.11876 of 2023
Dated : 15.11.2023
1 issue framed by the court
Whether the trial court erred in granting permission to withdraw suit without recording counter-statement or assigning reasons.
2 provisions across 1 enactments
S.K. Swaminathan
S. Pushparani
K. Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
